Wrongful Termination

In one sentence

Illegal firing of an employee in violation of law, contract, or public policy.

Plain English

Wrongful termination occurs when an employer fires an employee for an illegal reason or in violation of an employment contract or established public policy. Common illegal reasons include retaliation for reporting safety violations, discrimination based on race or gender, refusal to commit an illegal act, or exercising a legal right like jury duty. In most US states, employment is at-will, meaning employers can fire workers for almost any reason, but there are important exceptions. An employee who is wrongfully terminated can sue for damages, including lost wages and emotional distress.

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Example

An employee reports her company's unsafe working conditions to the government agency OSHA. Two weeks later, the company fires her, claiming poor performance. The employee can sue for wrongful termination because the firing was retaliation for a legally protected action.

Used in a sentence

He filed a wrongful termination lawsuit after being fired for refusing to falsify company records.

How Wrongful Termination differs by state

Wrongful Termination can apply differently depending on the state. Click a state to see local specifics.

Alabama
Alabama follows at-will employment; wrongful termination claims are rare and require violation of explicit public policy.
Alaska
Alaska protects at-will employees fired for public-policy reasons, including jury duty, workers' comp claims, and whistleblowing.
Arizona
Arizona enforces at-will employment but recognizes wrongful termination for public-policy violations and breach of express contracts.
Arkansas
Arkansas applies at-will employment with limited exceptions for public-policy violations and statutory protections.
California
California recognizes wrongful termination for public-policy violations, breach of contract, and implied covenants of good faith.
Colorado
Colorado protects employees fired for jury duty, voting, or filing workers' comp claims under public policy exceptions.
Connecticut
Connecticut provides broad wrongful termination protections, including firing for jury duty, whistleblowing, and refusing illegal acts.
Delaware
Delaware recognizes wrongful termination for public policy violations, including jury duty and whistleblowing on illegal conduct.
Florida
Florida recognizes wrongful termination only for narrow public policy exceptions like jury duty and refusing illegal acts.
Georgia
Georgia recognizes wrongful termination only for explicit statutory violations, such as jury duty or workers' compensation retaliation.
Hawaii
Hawaii recognizes wrongful termination claims but requires employees to exhaust administrative remedies with the Labor Commissioner first.
Idaho
Idaho follows strict at-will employment with narrow exceptions for public policy violations only.
Illinois
Illinois recognizes wrongful termination for public policy violations and implied contracts, with strong whistleblower protections.
Indiana
Indiana follows at-will employment with exceptions for public policy violations and breach of express contracts.
Iowa
Iowa recognizes wrongful termination for public policy violations and implied covenants of good faith in employment.
Kansas
Kansas follows at-will employment; wrongful termination requires violation of explicit public policy or statutory protection.
Kentucky
Kentucky recognizes wrongful termination for public policy violations and implied contracts, but maintains strong at-will presumption.
Louisiana
Louisiana civil law system requires just cause for termination; wrongful termination is easier to prove than in at-will states.
Maine
Maine recognizes wrongful termination for public policy violations and implied contracts; whistleblower protections are particularly strong.
Maryland
Maryland recognizes wrongful termination for public policy violations, implied contracts, and breach of good faith; whistleblower protections apply.
Massachusetts
Massachusetts recognizes wrongful termination when firing violates public policy, statute, or implied contract terms.
Michigan
Michigan protects employees fired for jury duty, military service, or refusing illegal acts under public policy doctrine.
Minnesota
Minnesota recognizes wrongful termination for public policy violations, including whistleblowing and jury duty.
Mississippi
Mississippi follows strict at-will employment with limited exceptions for public policy violations.
Missouri
Missouri recognizes wrongful termination for public policy violations, including whistleblowing and statutory rights.
Montana
Montana presumes at-will employment but recognizes wrongful termination when firing violates public policy or breaches implied good-faith covenant.
Nebraska
Nebraska follows at-will employment doctrine with limited exceptions for public policy violations and statutory protections.
Nevada
Nevada protects employees fired for jury duty, voting, military service, and reporting safety violations under specific statutes.
New Hampshire
New Hampshire recognizes wrongful termination when firing violates public policy, statute, or an implied covenant of good faith.
New Jersey
New Jersey recognizes wrongful termination for public policy violations and implies a good-faith covenant in all employment relationships.
New Mexico
New Mexico recognizes wrongful termination when firing violates public policy, statute, or employment contract.
New York
New York recognizes wrongful termination for public policy violations and breach of implied good faith covenant.
North Carolina
North Carolina strictly applies at-will employment but recognizes narrow public policy exceptions to termination.
North Dakota
North Dakota recognizes wrongful termination for public policy violations and breach of express employment contracts.
Ohio
Ohio recognizes wrongful termination for public policy violations, statutory breaches, and express contract violations.
Oklahoma
Oklahoma follows at-will employment; wrongful termination claims require violation of public policy or statutory protection.
Oregon
Oregon protects employees fired for jury duty, whistleblowing, or refusing illegal acts; also recognizes implied contract claims.
Pennsylvania
Pennsylvania recognizes wrongful termination for public policy violations and implied contracts; whistleblowers have statutory protection.
Rhode Island
Rhode Island recognizes wrongful termination for public policy violations and implied contracts; provides broad whistleblower protection.
South Carolina
South Carolina follows strict at-will employment; wrongful termination claims require violation of explicit statute or clear public policy.
South Dakota
South Dakota follows at-will employment; wrongful termination claims require violation of explicit statute or clear public policy.
Tennessee
Tennessee recognizes narrow public policy exceptions to at-will employment, primarily for jury duty, military service, and statutory violations.
Texas
Texas recognizes wrongful termination only for narrow public policy violations, with limited exceptions to at-will employment.
Utah
Utah recognizes wrongful termination for public policy violations and implied covenant of good faith; whistleblower protections apply broadly.
Vermont
Vermont recognizes wrongful termination for public policy violations and implied good faith; strong whistleblower and retaliation protections exist.
Virginia
Virginia follows at-will employment; wrongful termination claims require violation of public policy or breach of written contract.
Washington
Washington recognizes wrongful termination for public policy violations and implied covenant of good faith and fair dealing in employment.
West Virginia
West Virginia recognizes wrongful termination for public policy violations and breach of implied good faith and fair dealing.
Wisconsin
Wisconsin presumes at-will employment but allows wrongful termination claims for public policy violations and breach of implied covenants.
Wyoming
Wyoming recognizes wrongful termination for public policy violations and breach of implied good faith covenant in employment relationships.
District of Columbia
DC protects at-will employees from termination violating public policy, contracts, or anti-discrimination laws with a three-year statute of limitations.

Related terms

This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.