By HR Brew Staff
less than 3 min read
Definition:
Wrongful termination occurs when an employer fires an employee for an illegal reason (like those protected under Title VII of the Civil Rights Act), or one that violates an employment contract (like retaliation for an employee that reported harassment, for example).
What qualifies as wrongful termination?
Wrongful termination may be claimed by an employee who alleges that they were fired for discriminatory or retaliatory reasons, or for exercising their legal rights.
What is the difference between wrongful termination and at-will employment?
At-will employment is an employment relationship, determined beforehand, allowing the employer and employee to cut ties at any time and for any reason, as long as the reason is not illegal—no two weeks’ or month’s notice needed. If the employer ends the employment relationship for a reason that the employee alleges is illegal, they could file a wrongful termination claim.
What can HR do to prevent wrongful termination claims?
There are several steps HR teams can take to prevent wrongful termination claims, including establishing and consistently applying clear processes for terminating employees, ensuring employees understand their expectations, and documenting and conducting thorough reviews before making any termination decisions.
Can you put wrongful termination into context?
“According to court documents, the judge concluded a jury should adjudicate some of the facts in the wrongful termination and discrimination case, including about [the employee’s] performance reviews ahead of her termination, the timing of her termination in relation to the complaint of discrimination based on race she filed, and [the employee’s] manager’s treatment of her and her fellow colleagues who were white,” HR Brew reported in December 2025.
