Wrongful Termination Laws by State
Being fired is stressful. Wondering whether it was legal makes it worse. Here is what qualifies as wrongful termination in your state, and what you can do about it.
Browse wrongful termination laws by state
Select a state below to see protected classes, statute of limitations, whistleblower protections, filing deadlines, and typical settlement ranges.
What is wrongful termination?
Wrongful termination occurs when an employer fires an employee for an illegal reason. Even in at-will states, employers cannot terminate workers for discriminatory reasons, in retaliation for protected activity, or in violation of public policy. The specific grounds that qualify vary by state.
Common grounds for wrongful termination claims include discrimination based on race, sex, age, religion, disability, or other protected characteristics; retaliation for reporting safety violations, wage theft, or illegal activity (whistleblowing); and firing in violation of an employment contract or the employer's own policies.
Federal vs. state protections
Federal laws like Title VII, the ADA, and the ADEA provide a baseline of protection against discriminatory termination. Many states extend these protections to include additional categories such as sexual orientation, gender identity, marital status, or political affiliation. Some states also recognize broader exceptions to at-will employment than federal law provides.
How to know if you have a case
Not every unfair firing is illegal. A termination may feel wrong, but wrongful termination has a specific legal meaning: it must violate a statute, contract, or recognized legal doctrine. If you believe your termination was based on discrimination, retaliation, or another protected ground, consider consulting an employment attorney who can evaluate the specific facts of your situation.
Statute of limitations
Every wrongful termination claim has a filing deadline. These deadlines vary significantly by state and by the type of claim. Some require you to file with a state agency within 180 days. Others give you several years. Missing the deadline can permanently bar your claim, regardless of how strong it is. Check your state's specific deadlines using the tool above.
Frequently Asked Questions
Yes. At-will employment does not give employers the right to fire for illegal reasons. Discrimination, retaliation, and public policy violations are actionable even in at-will states. The at-will doctrine means your employer does not need a reason to fire you, but they cannot fire you for a prohibited reason.
Settlement amounts vary enormously based on the strength of the case, the type of violation, the employee's lost wages, and the state. Typical settlements can range from $10,000 to $500,000 or more. High-profile discrimination or retaliation cases with strong evidence can result in seven-figure settlements or jury verdicts. Most cases settle before trial.
It depends on your claim. The EEOC handles federal discrimination claims. Many states have their own civil rights or labor agencies that handle state-level claims, often with broader protections. In many cases, filing with one agency is cross-filed with the other. An employment attorney can advise on the best filing strategy for your situation.
Document everything you can. Useful evidence includes emails, text messages, performance reviews, witness statements, a timeline of events, the termination letter or stated reason, and any company policies that were violated. If you suspect retaliation, note the timing between your protected activity and the termination. Consult an attorney early; they can help you preserve evidence.