This webpage contains advice for persons who have been fired and feel that they may have been wrongfully terminated.
     The majority of employees are “at will” , that is they are not working under an employment contract. At will employees may be terminated for any reason as long as the reason is not illegal. Contract employees may not normally be terminated except for reasons listed in the contract.

Generally, Employers may not terminate employees for the following reasons:

    1. Age
    2. Race
    3. Sex
    4. Religion
    5. National Origin
    6. Disability
    7. Pregnancy
    8. For refusing to break a law
    9. In retaliation for filing a discrimination, sexual harassment claim, or safety claim
    10. For taking leave under the Family and Medical Leave Act
    11. Without following company stated procedures or policies stated in company handbooks or manuals
    12. For reasons not contained in the employment contract if one exists (an employee handbook may create a contract in some cases)    
    13. For any reason listed in federal or state law.
    14. To Deny Accrued Benefits
    15. For Voting or Serving on Jury Duty
    16. For Whistle-blowing
    17. Attempting to Unionize
    18. Complaining about Health or Safety Conditions
    19. For Military Duty
    20. Inconsistent with a Verbal Promise
    21.  Breach of contract rights
    22. Fired as part of a large layoff and not give at least 60 days notice or 60 days severance pay (violation of Worker Adjustment and Retraining Notification Act)
    23.  To prevent attaining vested pension benefits or exercising rights under ERISA.

If you feel that you are wrongfully terminated, even if you resigned, you may have a case for wrongful termination.  Please gather the following documents to bring to your attorney to review. Make 2 copies (one for you and one for your attorney). Documents that your attorney needs to review include:
    1. Employee Handbook
    2. Employee contract
    3. Employment application.
    4.  Job Description and paperwork pertaining to your job.
    5. Personnel Records
    6. Pre-employment screening records.
    7.  Attendance Records.
    8.  Names, addresses and telephone numbers of fellow employees with similar circumstances and witnesses
    9.  Accident reports
    10.  Medical records
    11.  Salary records from current job, previous jobs, and any unemployment paid, including sick leave, paid vacation, paid leave accrued and used..
    12. Job search records
    13.  Performance evaluations
    14.  Employment tests, drug tests
    15.  Financial and credit information.
    16.   It is easier to obtain many of these documents before you leave your employment.  If you have already left your position, see if a fellow employee can obtain some of the company documents.
    17.  Resume
    18.  Grievances
    19.  Union complaints
    20.  Any logbooks, diaries, notes of problems, meetings, etc. concerning employment
    21.  Chronology of events
    22. Emails and memoranda concerning company problems

     Once you are fired, you should take certain actions to protect your rights:
     If you can negotiate with your employer, do so.  Attempt to obtain better benefits and gather information while negotiating.  As with any negotiations, avoid the first offer if you can. 
     Gather the above documents and review them.  In particular, review your employment contract or company handbook, as these may detail rights and conditions for termination.  Get a copy of your personnel file if you can.  Always get the reason for termination documented, so that it doesn't change later.  A verbal reason can later change during unemployment hearings to deny you benefits later.  Determine who made the decision for the termination. 
     Ask for negotiations on your severance package (although severance is usually only paid if stated in a contract, the company promised or volunteers a severance, the employee handbook states a policy, or similiarly situated employees have received severances in the past).  Generally a severance of one month's pay for each year on the job is a good offer, but if you worked a large number of years the company may refuse this large of severance.  Also negotiate for bonuses, profit sharing, medical coverage, insurance and other benefits, as well as referral letters and recommendations.  Ensure all agreements are in writing. 
     Apply for unemployment benefits. If you are entitled to retirement benefits, obtain the name and address of the administrator and review the documents to ensure you are receiving proper benefits. 
     Enforce your COBRA rights.  Employers with more than 20 employees must continue to make medical benefits available at the employee cost if a payment is made within 30 days of notification and is not covered by Medicare or another group plan for up to 18 months or 36 for spouses and dependents of deceased employee.
      Check on references to check if negative references are being given by the employer (which may be actionable). 
      Determine if restrictive covenants apply to your job restricting a new position.  If so, have an attorney review the covenants to determine if they are enforceable before accepting a new position that violates the covenants.

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