What makes a termination wrongful in the US?
Because US employment is at-will, most firings are legal. A termination is wrongful only if it violates a specific protection: discrimination based on a protected class (Title VII, ADA, ADEA), retaliation for protected activity, breach of an employment contract, or a violation of public policy such as firing you for reporting illegal conduct or filing a workers' compensation claim.
What damages can I recover for wrongful termination?
Typical damages include back pay (lost wages from termination to judgment), front pay (future lost wages where reinstatement is not practical), compensatory damages for emotional distress, and in egregious cases punitive damages. Attorneys' fees are often recoverable under discrimination statutes. You have a duty to mitigate by seeking comparable work.
Are there caps on wrongful termination damages?
Yes, for federal discrimination claims. Title VII and ADA combine compensatory and punitive damages under a cap that scales with employer size, from $50,000 for small employers to $300,000 for employers with 500+ employees. Back pay and front pay are not subject to these caps, and many state laws have higher or no caps.
How long do I have to file a wrongful termination claim?
For federal discrimination claims you must file a charge with the EEOC first, generally within 180 days (extended to 300 days in states with their own agency). Contract and public-policy tort claims follow state statutes of limitations, often two to four years. Deadlines are strict, so act quickly.