Can You Be Fired for Any Reason?

What’s the difference between wrongful termination and getting fired?

The main difference between getting fired and wrongful termination is legality.

• An employer can legally fire an employee for poor performance, company downsizing, or because the position is no longer needed.
• Wrongful termination happens when an employee is fired for an illegal reason, like asking for medical leave, reporting unsafe working conditions, retaliation for whistle blowing, or refusing to perform illegal acts.

Another key difference is intent. For a firing to qualify as wrongful termination, the employee must show the decision was based on discrimination, retaliation, or another illegal motive. For example, in 2008’s CBOCS West vs. Humphries, the U.S. Supreme Court ruled that firing an employee in retaliation for opposing a discriminatory act against another employee is illegal under federal civil rights law.

Discriminatory Firing

It’s illegal to terminate an employee based on protected characteristics. This means an employee can’t be fired based on their race, gender, religion, age, disability, or national origin. For example, the Supreme Court ruled in Bostock v. Clayton County (2020), that sexual orientation and gender identity are protected at the federal level. Many states also have laws that clearly protect sexual orientation at work, and some offer even stronger protections than federal law.

Retaliation for Reporting Misconduct

Whistleblower laws exist at both the federal and state level. Federal law guards whistleblowers from retaliation for reporting workplace safety violations, unsafe conditions, or violations of certain other federal laws. State whistleblower protections are similar, but can be more robust than federal law, depending on the state.

For example, California labor law protects both public and private employees who report illegal or unsafe activity, and allows workers to seek back pay and job reinstatement if retaliated against. In contrast, states like Texas and Mississippi tend to be less worker-friendly, and have laws that mainly protect public employees who report illegal behavior, while offering fewer worker safeguards.

Firing for Exercising Legal Rights

Employees can’t be fired for taking advantage of legally protected rights. This includes taking family or medical leave, requesting reasonable accommodations for disabilities, taking meal or rest breaks, serving on a jury, or participating in protected union activities.

Breaking an Employment Contract

If an employee has a written contract or union agreement, the employer must follow its terms. Firing someone in violation of the stated contract terms can be considered wrongful termination.

Termination for Refusing to Break the Law

Employees who refuse to engage in illegal behavior, such as fraud, harassment, safety violations, or dishonest business practices, can’t be fired according to federal law. Essentially, your employer can’t expect you to commit illegal acts on behalf of the business.

Signs You May Have Been Fired Illegally

You may have been fired without legal cause if:

• You were fired after engaging in a protected activity
  This includes reporting discrimination or harassment, requesting medical or family leave, filing a workers’ compensation claim, or reporting safety violations.
• You were treated differently than other employees
  If others were not fired for the same behavior, you may have a case.
• Your employer gave inconsistent or unclear reasons for your termination
  Changing explanations or reasons that do not match your work history can be a red flag.
• You received sudden negative performance reviews
  A sharp shift from positive reviews to outright firing may indicate that your termination was illegal.
• You were fired for refusing to do something illegal or unsafe
  Employers can’t legally terminate employees for refusing to break the law or violate safety rules.
• Your termination violated a contract or company policy
  Were you fired without being given any progressive discipline or any other notices in line with company guidelines? Your firing may be unlawful.
• You were replaced by someone outside your protected class
  If, after you were fired, your employer replaced you with someone with less experience, or outside of your protected class (age, race, sexuality, disability) you might have a case.
• The timing of your termination seems suspicious
  Being fired after reporting a problem or asserting your rights may point to wrongful termination.

If any of these situations apply, you may want to speak with an employment lawyer to better understand your legal options.

Step 1: Don’t Freak Out

Getting fired hurts. It’s stressful. It’ll likely make things worse if you act irrationally, like breaking or stealing company equipment, or badmouthing your workplace on social media. Acting out could hurt your case, and might get you sued by your former employer.

Step 2: Request a Written Explanation

Ask for the official reason for your termination in writing. Some states require employers to offer a written reason for termination upon request. For example, Washington’s WAC 357-46-200 requires employers to give employees 15 days written notice before termination, the reasons for termination, and give the employee a chance to improve or be reassigned.

Step 3: Secure Your Personnel File

You generally have a right to see your performance reviews and disciplinary records. These are vital for proving that a poor performance excuse was manufactured.

Step 4: Document Everything

Create a timeline of events. Save emails, texts, and notes of verbal conversations that occurred leading up to the firing.

Step 5: Consult an Employment Attorney

Wrongful termination cases are complex. A lawyer can help you determine if you should file a claim with the Equal Employment Opportunity Commission (EEOC), or pursue a private lawsuit.