Legal Remedies Available for Victims of Wrongful Termination

Getting fired from your job is never easy. But when you’re terminated for illegal reasons? That’s when things get serious.

Here’s the reality:

Wrongful termination cases are on the rise, and the numbers don’t lie. The EEOC received over 88,000 charges of workplace discrimination in 2024 alone. What’s even more telling? Nearly 95% of EEOC district court cases are successful when they make it to court.

That tells you something important: when employees have legitimate claims and proper legal representation, they win.

But here’s what most people don’t know about wrongful termination cases…

The legal remedies available to victims are much more comprehensive than you think. And if you know how to navigate the system properly, you could be looking at significant compensation.

What you’ll discover:

• Understanding What Constitutes Wrongful Termination
• Financial Remedies and Compensation Options
• Reinstatement and Employment-Related Relief
• Legal Action Steps and Timeline Requirements

Understanding What Constitutes Wrongful Termination

Not every unfair firing is actually wrongful termination.

Here’s the thing…

Most states follow “at-will” employment, which means employers can fire you for almost any reason. But there are important exceptions that turn a regular firing into an illegal one.

If you’re dealing with a complex workplace wrongful termination situation, understanding these distinctions becomes critical. A qualified wrongful termination lawyer can help you determine whether your termination falls into one of these protected categories.

Discrimination-Based Terminations

The most common type of wrongful termination stems from illegal discrimination. Federal law protects employees from being fired based on:

• Race, color, or national origin
• Religion or religious beliefs
• Gender, pregnancy, or sexual orientation
• Age (if you’re 40 or older)
• Disability status

But here’s what’s interesting:

Retaliation claims make up over 51.6% of all workplace discrimination cases filed with the EEOC. This means you’re also protected if you’re fired for reporting discrimination, filing complaints, or participating in workplace investigations.

Breach of Contract

Even in at-will states, employment contracts can override the general rule. If you have:

• A written employment contract specifying termination procedures
• An employee handbook promising specific disciplinary processes
• Verbal promises about job security from management

…your employer might be legally bound to follow these agreements.

Public Policy Violations

Sometimes employers fire workers for doing the right thing. If you were terminated for:

• Refusing to break the law
• Filing workers’ compensation claims
• Whistleblowing about illegal activities
• Serving jury duty or voting

…these terminations violate public policy and are considered wrongful.

Financial Remedies and Compensation Options

Now here’s where things get interesting for wrongful termination victims.

The financial compensation available can be substantial if you know what to ask for. But most people have no idea how much their case might actually be worth.

Back Pay and Front Pay

Back pay covers the wages you’ve lost since your termination. This includes:

• Base salary or hourly wages
• Overtime payments you would have earned
• Bonuses and commissions
• Benefits like health insurance premiums

Front pay goes beyond that. It’s compensation for future earnings you’ll lose because of the wrongful termination.

Here’s what’s shocking:

The average jury award for wrongful termination cases was $437,000 between 1997 and 2014. But here’s the catch – that’s only for cases that went to trial.

Most cases settle out of court for much less. Why? Because litigation is expensive and unpredictable.

Emotional Distress Damages

Losing your job illegally doesn’t just hurt your wallet – it damages your mental health, relationships, and reputation.

Courts recognize this by awarding emotional distress damages for:

• Anxiety and depression caused by the termination
• Loss of self-esteem and confidence
• Damage to your professional reputation
• Impact on family relationships

These damages can add significant value to your case, especially when the employer’s conduct was particularly egregious.

Punitive Damages

When employers act with malice or complete disregard for your rights, courts may award punitive damages.

These aren’t meant to compensate you – they’re meant to punish the employer and deter future wrongdoing.

But here’s the reality check:

Punitive damages are rare and usually only awarded in the most extreme cases. Don’t count on them when calculating your potential settlement.

Attorney’s Fees and Costs

One of the biggest advantages in wrongful termination cases? Many employment laws allow you to recover attorney’s fees from your employer if you win.

This means you can pursue your case without worrying about paying hourly legal fees upfront. Most employment attorneys work on contingency, taking a percentage only if you recover money.

Reinstatement and Employment-Related Relief

Getting your job back isn’t always possible – or even desirable.

But reinstatement is one of the primary remedies courts can order in wrongful termination cases. This means your employer must:

• Give you your old position back
• Restore your seniority and benefits
• Remove any negative marks from your employment record

The problem with reinstatement?

It rarely works in practice. The relationship between you and your employer is probably damaged beyond repair. Working for someone who illegally fired you creates an uncomfortable situation for everyone involved.

That’s why most wrongful termination cases result in monetary settlements instead of reinstatement.

Expungement of Records

Even if you don’t want your job back, you can still demand that your employer clean up your personnel file.

This includes:

• Removing negative performance reviews related to the illegal termination
• Changing the reason for termination from “fired” to “voluntary resignation”
• Providing neutral employment references to future employers

A clean employment record protects your future career prospects and removes the stigma of being wrongfully terminated.

Legal Action Steps and Timeline Requirements

Time is critical in wrongful termination cases.

Here’s what most people don’t realize:

You have limited time to file discrimination charges with the EEOC – typically 180 to 300 days depending on your state. Miss this deadline, and you could lose your right to pursue federal discrimination claims entirely.

EEOC Complaint Process

Before you can file a lawsuit in federal court, you usually need to file a charge with the EEOC first. This process involves:

• Filing a detailed complaint describing the discrimination
• Participating in EEOC investigation and mediation
• Receiving a “right to sue” letter

The reality about EEOC success rates?

About 64% of wrongful termination cases result in some form of compensation for the employee. That’s significantly higher than many other types of lawsuits.

Settlement Negotiations

Most wrongful termination cases settle before reaching trial. Why? Because the average cost to defend an employment lawsuit is $160,000 for employers – even if they win.

Smart employers often prefer to settle reasonable claims rather than risk the uncertainty and expense of trial.

Your attorney will negotiate based on:

• The strength of your evidence
• The amount of damages you’ve suffered
• Your employer’s ability to pay
• The potential for bad publicity

State Court vs Federal Court

Depending on your claims, you might have the option to file in state or federal court.

Federal courts handle discrimination claims under federal law, while state courts can address:

• State-specific wrongful termination laws
• Breach of contract claims
• Tort claims like intentional infliction of emotional distress

The advantage of having options?

Your attorney can choose the court system most likely to result in a favorable outcome for your specific case.

Final Thoughts on Your Legal Options

Wrongful termination cases offer multiple paths to justice and compensation.

The key is understanding that you have real legal remedies available – from financial damages to employment-related relief. But success depends on acting quickly and getting the right legal representation.

Remember the statistics: when wrongful termination cases are handled properly, employees win most of the time. The legal system protects workers from illegal employment practices.

Don’t let an illegal firing destroy your career or financial security. If you believe you were wrongfully terminated, consult with an employment attorney to explore your options and protect your rights.