Wrongful Termination (US): Your Rights & What to Do
A wrongful termination letter US employees prepare should combine legal context, hard dates, and clear requests before filing external claims.
The short answer
Wrongful termination occurs when an employer fires an employee in violation of federal or state law, an employment contract, or public policy. At-will employment does not protect employers who fire workers for discriminatory, retaliatory, or contractually prohibited reasons.
Contents
What makes a termination 'wrongful'?
Wrongful termination has a specific legal meaning — it's not just a termination you think is unfair. These are the main categories that can make a firing illegal.
Types of wrongful termination
- Discrimination — fired because of race, sex, age (40+), disability, religion, national origin, pregnancy
- Retaliation — fired for reporting discrimination, filing an EEOC complaint, taking FMLA leave, or whistleblowing
- Contract violation — fired in breach of an employment contract or implied contract
- Public policy violation — fired for serving on jury duty, voting, or refusing to do something illegal
- WARN Act violation — mass layoff without required 60 days' written notice
Critical deadlines you must know
Employment law claims in the US are strictly time-limited. Missing a deadline can permanently bar you from pursuing a claim.
Key deadlines
- EEOC charge: 180 days from the discriminatory act (300 days in states with their own anti-discrimination law)
- NLRB charge: 6 months
- FLSA (wage) claim: 2 years (3 years if willful)
- FMLA retaliation: 2 years
- State wrongful termination suits: varies by state (often 1–3 years)
What to do immediately after termination
The steps you take in the first days and weeks after termination significantly affect your options. Document everything and act quickly.
Immediate steps
- Request a termination letter stating the stated reason for termination
- Secure copies of your personnel file, performance reviews, warnings
- Preserve all work-related communications (emails, messages) you have access to
- Note the names of any witnesses to relevant events
- Do not sign a severance agreement before consulting an employment attorney
- File for unemployment benefits — this preserves your rights
US wrongful termination response letter example
Edit this template with your facts, dates, and requested outcome before sending.
Subject: Formal Response to Termination Decision Dear [HR/Employer Name], I am writing regarding my termination dated [date]. Based on the timeline and available evidence, I believe the decision may involve [retaliation/discrimination/contract breach]. Relevant events: - [Date/event] - [Date/event] I request a written explanation of the termination basis, confirmation of all documents in my personnel file, and an opportunity to submit additional evidence for review. Please confirm receipt of this letter and next steps. Sincerely, [Your Name]
Common mistakes to avoid
- Signing a severance agreement with a broad waiver before consulting an attorney
- Assuming 'at-will' means no legal recourse — it doesn't
- Deleting communications thinking they could be used against you
- Waiting too long — EEOC deadlines can be as short as 180 days
- Posting about the situation publicly on social media
Next steps
- 1Request your termination letter and personnel file in writing
- 2Note all relevant dates — termination date, dates of incidents leading to firing
- 3Consult an employment attorney (many offer free consultations)
- 4File an EEOC charge if discrimination or retaliation is involved
- 5Apply for unemployment benefits immediately
- 6If you want to appeal internally first, draft a written appeal letter
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