What Constitutes Wrongful Termination? Advice from an Employment Attorney


Losing a job can be a stressful and challenging experience. While employers have the right to terminate employees for various reasons, there are instances where the termination may be deemed wrongful. Wrongful termination occurs when an employee is fired in violation of labor laws or contract terms or based on discriminatory or retaliatory motives. In this article, we will delve into the various aspects of wrongful termination and offer valuable advice from an employment attorney on how to handle such situations.

Understanding Wrongful Termination

Wrongful termination refers to the unjust dismissal of an employee. It occurs when the firing breaches the terms of the employment contract or violates federal and state labor laws. Employees should be aware of their rights and be able to recognize when their termination was unlawful.

Key Aspects of Wrongful Termination

Discrimination and Retaliation

One of the most common forms of wrongful termination is based on discrimination or retaliation. If an employee is fired due to their race, gender, age, religion, disability, or any other protected characteristic, it qualifies as discrimination. Retaliation occurs when an employer terminates an employee for engaging in protected activities, such as reporting workplace harassment or discrimination.

Breach of Contract

Employment contracts often outline the terms and conditions under which an employee can be terminated. If an employer breaches these contractual obligations while firing an employee, it may lead to a wrongful termination claim.

Violation of Labor Laws

Federal and state labor laws protect employees’ rights, including fair wages, overtime pay, and family leave. If an employer fires an employee for exercising these rights or for whistleblowing violations, it constitutes wrongful termination.

Proving Wrongful Termination

Proving wrongful termination can be challenging, but it’s essential to gather evidence to support your claim. Here are some steps to take:

Gathering Evidence

Collect any relevant documents, emails, or messages that can prove your case. This evidence may include performance evaluations, employment contracts, and communication with supervisors.

Witness Testimonies

If there were witnesses to the events leading to your termination, ask them to provide statements or testify on your behalf.

Legal Consultation

Seek advice from an employment attorney from Malk Law Firm who specializes in wrongful termination cases. They can assess your situation and guide you through the legal process.

Statute of Limitations

Keep in mind that there is a time limit to file a wrongful termination claim. The statute of limitations varies by state, so it’s crucial to act promptly.

Steps to Take if You Suspect Wrongful Termination

If you suspect that you’ve been wrongfully terminated, here are some steps to follow:

Document Everything

Maintain a detailed record of the events leading to your termination, including dates, times, and people involved.

File a Complaint

Report the wrongful termination to your company’s human resources department or file a complaint with a government agency, such as the Equal Employment Opportunity Commission (EEOC).

Seek Legal Advice

Contact an experienced employment attorney to discuss your case and explore your legal options.

The Role of an Employment Attorney

An employment attorney from Malk Law Firm in Los Angeles can be a valuable ally in a wrongful termination case. They will review the evidence, advise you on the best course of action, and represent you in negotiations or court proceedings if necessary.


Wrongful termination is a serious issue that can have a significant impact on an individual’s life and career. If you suspect that you’ve been wrongfully terminated, it’s crucial to take appropriate action. Consult with an experienced employment attorney, gather evidence, and know your rights. Remember, you don’t have to face this challenging situation alone; there are legal resources available to help you seek justice and fair compensation for your losses.


FAQ 1: Can I sue my employer for wrongful termination?

Yes, if you believe you were wrongfully terminated, you may have grounds to file a lawsuit against your employer.

FAQ 2: How much compensation can I receive for wrongful termination?

The compensation amount varies depending on factors such as lost wages, emotional distress, and punitive damages. An employment attorney can help determine the potential value of your case.

FAQ 3: Can I still file a claim if I was an at-will employee?

Yes, even at-will employees can pursue a wrongful termination claim if there is evidence of discrimination, retaliation, or breach of contract.

FAQ 4: Can I settle a wrongful termination case out of court?

Yes, many wrongful termination cases are resolved through out-of-court settlements, but this will depend on the specifics of your case.

FAQ 5: How long does the wrongful termination lawsuit process take?

The duration of the process can vary widely, from a few months to several years, depending on the complexity of the case and other factors.

Kai Alana

The author Kai Alana