Getting fired is rough, but getting fired unfairly?
That hits different. Your mind races between anger, confusion, and worry about how you’re going to pay your bills.
The good news is that you might have more options than you realize, even if your state has “at-will” employment laws.
Know What Actually Makes a Firing Illegal
Most people think “unfair” and “illegal” mean the same thing when it comes to getting fired. They don’t.
Your boss can fire you for being late, for having a bad attitude, or even for no reason at all in most states. But they can’t fire you for illegal reasons.
Illegal reasons include discrimination based on race, gender, age, religion, or disability.
They also can’t fire you for reporting safety violations, filing workers’ compensation claims, or refusing to break the law. If you were fired for taking legally protected time off under FMLA, that’s also illegal.
Document Everything Right Away
When you suspect wrongful termination, your memory becomes evidence.
Write down everything you can recall about your firing – the exact words used, who was present, what led up to it.
Do this while it’s fresh because details fade fast when you’re stressed.
Gather any work-related documents you have at home. Performance reviews, emails, text messages from supervisors, your employee handbook – anything that might be relevant.
Don’t take anything from the office after you’re fired, but collect what you already have.
See also: Severe Injuries + Lyft Accidents: Why a Lawyer Makes the Difference
Request Your Personnel File
Most states give you the right to see your personnel file. Request a copy in writing. This file should contain your performance reviews, any disciplinary actions, and notes about your employment.
Sometimes companies create negative documentation right before firing someone to cover their tracks, and these files can reveal that pattern.
If your personnel file doesn’t match what you experienced at work, that’s a red flag.
Like if you always got good reviews but suddenly there are written warnings you never received, that suggests they’re building a false case against you.
File for Unemployment Benefits
Apply for unemployment benefits even if you think you might not qualify. The company might fight it, claiming you were fired for misconduct, but you have the right to appeal their decision.
The unemployment hearing process can also help you understand their official reason for firing you.
During unemployment proceedings, your former employer has to provide evidence for their claims about your performance or conduct. This evidence gathering can be useful if you later decide to pursue legal action.
Look Into Filing Complaints
Depending on why you were fired, you might need to file complaints with government agencies before you can sue.
For discrimination claims, you usually have to file with the Equal Employment Opportunity Commission first. For safety violations, it might be OSHA. For wage issues, it could be your state’s labor department.
These agencies often investigate for free and sometimes resolve issues without you needing to hire a lawyer.
Plus, filing these complaints starts the legal clock ticking, which preserves your right to sue later if needed.
Consider Your Legal Options
Wrongful termination lawyers typically work on contingency, meaning they don’t get paid unless you win. This makes legal help more accessible than you might think, especially if you have a strong case.
Not every unfair firing is worth pursuing legally, though.
Lawyers look at factors like how much money you lost, how strong your evidence is, and whether the company has deep enough pockets to make a lawsuit worthwhile.
Sometimes the cost of fighting exceeds what you might recover.
Protect Your Future Employment
While you’re figuring out your legal options, start thinking about your next job. Don’t badmouth your former employer on social media or to potential employers.
Keep things professional, even if you’re angry. Future employers will ask about why you left your last job, and having a measured response helps.
Consider whether you want references from your former workplace.
Sometimes it’s better to use colleagues or clients rather than supervisors who were involved in your termination.
Know Your Deadlines
Time limits for wrongful termination claims vary by state and by the type of claim. Some are as short as 30 days, others might be a year or more. Missing these deadlines usually means losing your right to sue forever.
This is why getting legal advice quickly matters, even if you’re not sure you want to pursue anything.
A lawyer can tell you what deadlines apply to your situation and help you preserve your options while you decide what to do.
Getting fired unfairly can feel overwhelming, but taking these steps gives you the best chance of protecting your rights and potentially getting compensation for what happened.
