Blog
Unlawful Termination Attorney [State]: Your Complete Guide to Wrongful Firing and Legal Recourse
Unlawful termination—also known as wrongful termination—occurs when an employer fires an employee in violation of federal law, state law, or an employment contract.
While most employment in the U.S. is “at-will,” meaning either the employer or employee can end the relationship at any time, there are important exceptions. You cannot be fired for reasons that are discriminatory, retaliatory, or otherwise illegal under employment law.
2. Common Examples of Unlawful Termination
1. Discrimination
It is illegal for an employer to fire you because of:
Race or color
National origin
Gender or sexual orientation
Religion
Age (40 or older)
Pregnancy
Disability or medical condition
These protections are guaranteed under laws such as:
Title VII of the Civil Rights Act
The Americans with Disabilities Act (ADA)
The Age Discrimination in Employment Act (ADEA)
The Pregnancy Discrimination Act
A skilled unlawful termination lawyer can prove discriminatory motives through documents, testimony, or patterns of behavior.
2. Retaliation
You cannot be fired for standing up for your legal rights, such as:
Reporting harassment, discrimination, or unsafe working conditions.
Filing a workers’ compensation or whistleblower claim.
Taking protected leave under the Family and Medical Leave Act (FMLA).
Participating in an internal or government investigation.
Retaliatory termination is one of the most common—and winnable—forms of wrongful discharge.
3. Breach of Contract
If you have an employment contract that specifies job terms, duration, or termination procedures, your employer must honor them.
Terminating you in violation of that agreement can lead to a breach of contract claim.
4. Violation of Public Policy
In [State], it’s also unlawful for an employer to fire you for reasons that violate public policy, such as:
Refusing to participate in illegal activity.
Reporting a crime or violation of the law.
Exercising a legal right (like voting or serving on a jury).
5. Constructive Discharge
If your employer made your working conditions so intolerable that you were forced to resign, it may legally qualify as constructive termination, allowing you to pursue damages as though you were fired.
3. State and Federal Laws That Protect You
Each state has its own employment laws that complement federal protections. For example:
| Law | Purpose |
|---|---|
| Title VII of the Civil Rights Act (1964) | Prohibits discrimination based on race, sex, religion, or national origin. |
| Americans with Disabilities Act (ADA) | Protects employees with disabilities. |
| Age Discrimination in Employment Act (ADEA) | Prohibits discrimination against workers age 40+. |
| Family and Medical Leave Act (FMLA) | Protects employees who take qualifying medical or family leave. |
| State Fair Employment Practices Acts | Many states, such as [State], have additional anti-discrimination protections. |
| Whistleblower Protection Laws | Shield employees who report wrongdoing or illegal conduct. |
A local unlawful termination attorney in [State] understands how both state and federal laws apply to your case.
4. Signs You May Have Been Fired Illegally
You may have been unlawfully terminated if:
You were fired shortly after filing a complaint or HR report.
Your employer gave inconsistent or vague reasons for termination.
You were replaced by someone outside your protected class (e.g., younger, male, different race).
You were denied performance reviews or documentation before dismissal.
You were treated differently than coworkers in similar situations.
If any of these apply, consult an employment lawyer immediately to preserve your rights and evidence.
5. What a Unlawful Termination Attorney in [State] Does
Case Evaluation
Your lawyer will review:
Employment contracts and company policies.
Termination letters and performance records.
Internal complaints or communications.
Witness statements or co-worker testimony.
Legal Strategy
They determine whether your firing violates:
Anti-discrimination laws,
Labor codes, or
Contractual rights.
Negotiation
Many cases are resolved through negotiation, where your attorney seeks:
Back pay and benefits,
Severance pay,
Emotional distress damages, or
Reinstatement to your former position.
Filing a Complaint
If settlement fails, your lawyer will file formal complaints with agencies such as:
The Equal Employment Opportunity Commission (EEOC), or
The [State] Department of Labor.
Litigation
If needed, your attorney will represent you in court, pursuing full compensation and holding your employer accountable.
6. Potential Compensation in a Wrongful Termination Case
If your lawyer successfully proves unlawful termination, you may recover:
| Type of Damages | What It Covers |
|---|---|
| Back Pay | Lost wages and benefits from the date of termination. |
| Front Pay | Future lost earnings if reinstatement isn’t possible. |
| Emotional Distress | Psychological harm caused by the firing. |
| Punitive Damages | To punish willful or malicious conduct. |
| Attorney’s Fees | Legal costs associated with your case. |
In some cases, reinstatement to your former position may also be possible.
7. How to Prove an Unlawful Termination Claim
Your unlawful termination lawyer will collect and analyze evidence such as:
Emails or text messages showing discriminatory or retaliatory motives.
Witness statements.
Employment contracts or policy manuals.
Records of your work performance or HR complaints.
They may also use comparative evidence, showing that employees outside your protected class were treated more favorably.
8. Filing Deadlines (Statutes of Limitations)
Time limits for filing vary depending on the type of claim:
EEOC complaint: Usually within 180 to 300 days of termination.
State law claims: Typically 1 to 3 years, depending on [State] laws.
Breach of contract claims: Vary based on contract type.
Missing a deadline can forfeit your right to sue—so it’s essential to contact a lawyer immediately after termination.
9. How to Choose the Right Unlawful Termination Attorney in [State]
Qualities to Look For
Proven experience in employment and labor law.
Deep knowledge of [State] employment statutes.
History of successful settlements and verdicts.
Clear, transparent communication style.
Empathy and discretion in handling sensitive cases.
Questions to Ask During Consultation
Have you handled wrongful termination cases similar to mine?
What are the potential outcomes based on my facts?
How do you charge (contingency, hourly, or flat fee)?
What documentation should I bring?
How long might my case take?
10. The Cost of Hiring an Unlawful Termination Lawyer
Most employment attorneys work on a contingency fee basis—meaning you pay no upfront fees, and they only get paid if you win.
Typical contingency fees range from 30% to 40% of your final settlement. Some may charge hourly rates between $250 and $600 per hour, depending on experience.
Hiring a qualified lawyer is an investment in your future—a strong case can result in compensation far exceeding the cost of representation.
11. What to Do Immediately After Being Fired
If you suspect your termination was unlawful:
Document Everything: Save emails, texts, and memos.
Request a Written Reason for Termination.
Do Not Sign Anything (like severance agreements) before legal review.
Contact a Lawyer Immediately.
File a Complaint with the EEOC or state agency if advised.
Quick action helps preserve evidence and strengthens your legal claim.
12. How Legal Counsel Can Help
At Legal Counsel, we connect individuals who’ve been wrongfully terminated with vetted, experienced employment lawyers in their state.
Our platform allows you to:
Find top-rated unlawful termination attorneys in [State].
Book confidential consultations with employment law experts.
Learn your rights under state and federal employment laws.
Whether you were fired for discriminatory reasons, retaliation, or contractual disputes, our network of lawyers is ready to protect your rights and fight for justice.
Conclusion
Unlawful termination can devastate your finances, career, and peace of mind—but you don’t have to face it alone.
A skilled unlawful termination attorney in [State] can uncover the truth, build a powerful case, and help you secure the compensation you deserve.
At Legal Counsel, we make it easy to find trusted legal representation that’s tailored to your state and your situation.
If you believe you were fired illegally, don’t wait—consult a qualified employment attorney today and take the first step toward justice and recovery.