Treated unfairly at work

When the reason you were given isn't the real reason

You had good reviews until you asked about the pay gap. Or you came back from medical leave and your job had quietly been given to someone else. Or the new manager started making remarks about your age, and a few months later you were told your position was being eliminated.

Being fired is painful even when it is lawful. The question here is whether the real reason was one the law forbids.

Tell us what happened

Unfair isn't always illegal, but some reasons are off limits

In most of the country, employment is at will: an employer can end a job for a bad reason, a mistaken reason or no reason at all, but not for a reason the law forbids. The common ones are:

Discrimination: because of race, color, sex (including pregnancy, sexual orientation and gender identity), religion, national origin, age, disability or another characteristic the law protects where you work.
Retaliation: because you complained about discrimination, harassment, unpaid wages or safety, or took part in an investigation.
Protected leave: because you took or asked for leave the law protects in your situation, such as family or medical leave.
Reporting wrongdoing: because you reported, or refused to take part in, conduct you reasonably believed was illegal.
A broken promise: because your employer ended the job in a way your written contract or union agreement doesn't allow.

Pushed out without being fired

Sometimes the hours are cut, the duties change, the treatment becomes unbearable, and you resign. In some circumstances the law treats that as if you had been fired; lawyers call it constructive discharge. The bar is high, so if you're thinking about resigning because of how you're treated, ask a lawyer before you do.

Before you sign anything

Many people are handed a severance agreement on the way out. It usually offers money in exchange for your promise not to bring any claim against the employer, and signing usually ends that claim for good. Take it home, read it, and note any deadline to sign.

What to do this week

While it's fresh, write down a timeline: what happened, when, who said what, and who was present. Save what is yours, such as pay stubs, reviews and the termination letter. Apply for unemployment benefits if you need them; being fired doesn't by itself rule you out, and each state sets its own rules. Don't take confidential company files or use accounts you may no longer use.

What helps to have ready

Your termination letter or a note of exactly what you were told, and by whom.
Performance reviews, praise, warnings or write-ups you received.
Any complaint you made, and any response you got.
The severance agreement, if you were offered one, unsigned.
Names of coworkers who were treated the same way, or who replaced you.

Work timeline and records organizer
A printable page to put your job history, the events that matter and your documents in order.
Preparing to talk about a problem at work
How to build a simple work timeline, what to keep, and what not to take from your employer.
What to have ready before you talk to a lawyer
A short, practical list you can use for any kind of problem.

Where we fit in

A lawyer at our firm looks at your case. If we take it and another firm is better placed to lead it day to day, we choose that firm from firms we have vetted for their expertise and track record, and we stay responsible for your case with them.

Questions people ask

They said my position was eliminated. Can I still ask?

Yes. A layoff can be genuine, or a label for something else. It helps to know who else was let go, who took over your work, and what happened just before.

I signed an arbitration agreement when I was hired. Does that end things?

Not necessarily. Arbitration is a private hearing in front of a neutral decision-maker instead of a court. It changes where a claim is heard, not always whether you have one, and some kinds of claims can still go to court. Bring the agreement if you have it.

Will I get my job back?

It can happen, but nobody can promise it. Depending on the law involved, a court can order an employer to give you your job back, to pay you money such as the pay you lost, or both. The lawyer handling your matter can talk with you about what you want.

Whistleblower rewards
If you were fired after reporting fraud, there may be protections and programs beyond employment law.
How workers' compensation fits with your other claims
If you were let go after being hurt on the job or filing for workers' compensation.

More about treated unfairly at work

This page explains things in general terms. It is not legal advice about your situation, and the law differs from state to state.