
Losing your job can be stressful, confusing, and deeply upsetting—especially if you suspect that your termination wasn’t fair. While most states, including Virginia, are “at-will” employment states—meaning employers can fire workers for almost any reason or no reason at all—there are important legal exceptions. If your employer violated those rules, you may have been wrongfully terminated.
So how do you know whether your firing crossed a legal line? Below are 7 signs your termination may have been unlawful and what to do if you think your rights were violated.
1. You Were Fired for Discrimination
Federal and state laws protect employees from being fired based on protected characteristics, such as:
- Race or color
- Gender or sex (including pregnancy)
- National origin
- Religion
- Age (if over 40)
- Disability
- Sexual orientation or gender identity (under federal law and Virginia law)
Example: If you were let go shortly after disclosing a pregnancy or requesting a religious accommodation, and there was no legitimate performance reason for your dismissal, that may point to unlawful discrimination.
2. You Were Fired After Reporting Harassment or Discrimination
Even if you weren’t the direct victim of illegal conduct, retaliation for speaking up is also illegal. If you complained about harassment, unequal pay, or discrimination—either internally or to an external agency—you are protected under whistleblower and anti-retaliation laws.
Example: If you filed an HR complaint about a hostile work environment and were fired weeks later without a clear reason, your termination may be retaliatory.
3. You Were Let Go for Taking Protected Leave
Laws like the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) protect employees who need time off due to illness, childbirth, or caregiving responsibilities. If your employer fired you shortly after you requested or returned from protected leave, that may be a violation.
Example: You take FMLA leave to care for a sick parent. Upon returning, you’re told your position has been eliminated, but someone else is hired for the same role weeks later.
4. You Were Fired After Reporting Illegal or Unsafe Workplace Activity
Employees have a right to report unsafe working conditions, fraud, wage violations, or other illegal activity. This is called whistleblowing, and both federal and state laws protect employees from retaliation for doing so.
Example: If you raised concerns about safety hazards or unpaid overtime and were terminated soon after, you may have a strong claim for wrongful termination under whistleblower protection laws.
5. You Were Fired in Violation of an Employment Contract
If you had a written employment contract or were covered by a collective bargaining agreement, you may not be subject to at-will employment. Your contract may include limits on when or why you can be fired (such as “for cause” only) or entitle you to progressive discipline before termination.
Example: Your contract says you can only be fired for “serious misconduct,” but you’re terminated for a minor policy infraction without a chance to respond.
6. You Were Pressured to Resign Under Threats or False Pretenses
Sometimes employers don’t explicitly fire employees—they push them to resign under duress. If you were forced to quit due to unbearable conditions, threats of being fired with false allegations, or retaliation, the law may treat it as a “constructive discharge,” which can be grounds for a wrongful termination claim.
Example: You’re told to resign quietly or face termination and damage to your professional reputation, even though there’s no valid performance issue.
7. You Were Treated Differently Than Other Employees
If your firing seems inconsistent with how others were treated under similar circumstances, that could be a sign of discrimination or retaliation. Unequal discipline, selective enforcement of policies, or sudden policy changes can all raise red flags.
Example: You were fired for one late arrival, but other employees in similar roles have received only warnings for repeated tardiness.
What Should You Do If You Suspect Wrongful Termination?
If one or more of the signs above apply to your situation, you may have a claim. Here are the next steps:
- Document everything: Save emails, performance reviews, witness names, and any communication leading up to or following your termination.
- Request a written reason for your termination: While employers aren’t always required to provide one, it may clarify their stated justification.
- File a complaint: Depending on the situation, you may file with the Equal Employment Opportunity Commission (EEOC) or your state’s labor agency.
- Contact an employment attorney: An experienced wrongful termination lawyer can assess your case, gather evidence, and help you pursue compensation or reinstatement if warranted.
Final Thoughts
Not every firing is illegal—but many are more than just unfair. If you suspect you were let go for reasons that violate your rights as an employee, don’t stay silent. Speaking with a qualified attorney can help you determine your legal options and take the first step toward justice.
Think you’ve been wrongfully terminated? Contact our office today for a confidential consultation. We recommend wrongful termination lawyers maryland.