5 min read

Wrongful Termination

Most US workers are 'at-will,' but firing someone for an illegal reason — like discrimination, retaliation, or refusing to break the law — is still unlawful.

What 'at-will' actually means

At-will employment means either you or your employer can end the relationship at any time, for almost any reason, or no reason at all. But 'almost' is doing a lot of work. Federal and state laws carve out important exceptions.

Illegal reasons to fire someone

An employer cannot fire you because of your race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40+), disability, or genetic information. They also cannot fire you in retaliation for reporting discrimination, requesting an accommodation, or taking protected leave.

Public policy and contract exceptions

Most states also prohibit firing employees for refusing to commit illegal acts, exercising a legal right (like filing a workers' comp claim), or performing a public duty (like jury service). If you had a written or implied contract, your employer may also be bound by its terms.

Red flags to watch for

Fired shortly after reporting harassment or discrimination
Fired after requesting medical leave or an accommodation
Replaced by someone significantly younger, or outside your protected class
Sudden negative reviews after years of good performance

Next up

Workplace Discrimination