How Can I Tell if I Have Been Wrongfully Terminated?

 Posted on May 23, 2025 in Wrongful Termination

Employment in the United States is usually "at will," meaning that an employer can generally terminate an employee without cause or warning unless there is a contract in place stating otherwise. However, if an employer terminates an employee for a reason that is prohibited by law, such as because of discrimination, that is wrongful termination. The type of conduct that constitutes wrongful termination is determined by employment law. If you have been wrongfully terminated, you can take legal action against your former employer. An experienced Fairfax, VA employment law attorney can advise you regarding whether you have been wrongfully terminated.

What Is Wrongful Termination?

Wrongful termination occurs when your employer terminates you for an illegal reason that is prohibited by federal, state, or local law. Some examples of wrongful termination include termination based on discrimination, for taking medical leave to which you are entitled under the Family and Medical Leave Act- FMLA, or in retaliation for whistleblowing. For example, if your employer terminates you because of your race or ethnicity, that is illegal and would be considered wrongful termination.

What Are Some Signs You May Have Been Wrongfully Terminated?

Violation of the Employment Contract

If you have an employment contract, your employer must abide by the termination terms set out in the contract. If your employer fired you in violation of your agreed-upon terms, that is wrongful termination.

Inconsistent Reasons for Getting Fired

If your employer tells you they fired you because of performance issues on Monday and explains on Thursday that you were laid off due to company downsizing, you have valid reason to suspect you might have been wrongfully terminated.

Unlawful Discrimination 

Federal and state laws prohibit discrimination against protected categories. If you suspect your employer fired you because of your age, sex, religion, or race, for example, you may have been wrongfully terminated. Although these cases are sometimes difficult to prove, if you have documentation of a history of discriminatory comments and actions against you, this can bolster your case.

Retaliation

It is unlawful to retaliate against an employee for certain protected activities, such as filing a sexual harassment claim or informing the government of illegal conduct by company management. If you are fired shortly after it is discovered that you filed a sexual harassment claim, for example, this could be a wrongful termination.

Call a Fairfax, VA Wrongful Termination Lawyer

Getting laid off or fired from a job is an unpleasant experience. However, when you have been wrongfully terminated, you may have legal recourse. The first step is to reach out to an experienced Arlington, VA employment law attorney to discuss the facts of your case. At Freedman Law, LLC, attorney Lindsay Freedman represents employees in wrongful termination lawsuits against employers. Call the office at 410-290-6232 for a consultation so we can review your case.