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Wrongful termination

When a firing crosses the legal line

Most jobs can end for almost any reason. Not for an illegal one. Here's how we work out which one yours was.

Being fired unfairly and being fired illegally aren't the same thing, and the difference matters. A bad manager, a reorganization or a personality clash can be unfair without breaking any law. A firing becomes a legal claim when the real reason is one the law protects: who you are, a complaint you made, leave you took, or a promise in a contract that wasn't kept.

What we look at first

  • The reason you were given, and when you were given it
  • Your last few reviews, and whether anything changed before the firing
  • Who replaced you, and who else was let go
  • Anything you signed when you were hired, and anything you were asked to sign on the way out

What a claim can recover

Usually the pay and benefits you lost between the firing and a new job, and sometimes the difference if the new job pays less. Some claims add damages for the harm itself, and some ask for the job back. We'll tell you which apply before you decide anything.

Questions about wrongful termination

They called it a layoff. Can it still be a firing?

Yes. If you were the only one laid off, or your job was filled again soon after, the label may not hold up.

Should I sign the severance agreement?

Not before someone reads it. Severance usually trades your right to sue for a sum of money, and the sum is often open to negotiation.

Can I collect unemployment while we talk?

Usually, yes. Apply right away; a claim against your employer doesn't stop you from collecting.

Write down what happened, then send it to us

Dates, names and what was said. A lawyer reads it and writes back to you.