Red Flags That Your Firing Was Unlawful

It’s a common misconception that a firing has to be fair. While it feels wrong to be let go without a good reason, it’s not always illegal. The termination becomes unlawful when it’s based on your identity as a member of a protected class. Federal and state laws prohibit workplace discrimination based on race, gender, religion, national origin, age, and disability.

Think about the timing and context of your dismissal. Were you fired shortly after telling your boss about your pregnancy? Did you recently request a reasonable accommodation for a disability? Were you the oldest person in your department let go during a round of layoffs? These situations are major red flags that your firing may have been discriminatory.

Were You Fired for Speaking Up?

The law protects your right to speak up about illegal activities in the workplace without fear of losing your job. When an employer fires you for engaging in a legally protected activity, it’s called retaliation, and it is illegal. This is one of the most common grounds for a wrongful termination lawsuit.

Protected activities include reporting sexual harassment, filing a complaint about unpaid wages, or acting as a whistleblower. It also includes taking legally protected time off, such as leave under the Family and Medical Leave Act (FMLA). If you were fired shortly after returning from medical leave or after you reported unsafe working conditions, you may have a strong case for FMLA retaliation. The timing is often the most critical piece of evidence.

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