№ ALBANY
KD
Attorney
Katherine Doyle
Doyle Employment Law
Civil LitigationEmployment Law
- City
- Albany
Employment Law · Sub-Practice
Wrongful Termination
Getting fired feels personal. Wrongful termination is a legal claim — and the law may be on your side.
§ Overview
What your case actually involves.
Most Americans are "at-will" employees, meaning they can be fired for any reason or no reason. But at-will is not unlimited — employers cannot fire you for an illegal reason, and the law defines those reasons more broadly than most people know.
Wrongful termination occurs when an employer fires an employee for an illegal reason. Common illegal reasons include: termination based on protected characteristics (race, sex, age, religion, disability, national origin, pregnancy); retaliation for reporting illegal activity, filing a workers' compensation claim, or taking FMLA leave; breach of an employment contract or implied contract; or violation of public policy (firing someone for jury duty, voting, or refusing to commit a crime). Many wrongful termination cases overlap with discrimination, retaliation, and harassment claims. Proving wrongful termination requires demonstrating both that the termination occurred and that the stated reason was false or pretext for an illegal motive — which is where documentation and timing become critical.
§ Common violations in this area
- ▸Termination based on race, color, national origin, sex, religion, or pregnancy
- ▸Termination based on age (40+) under the Age Discrimination in Employment Act
- ▸Termination based on disability or failure to accommodate under the ADA
- ▸Retaliation for reporting discrimination, safety violations, or wage theft
- ▸Retaliation for taking FMLA leave or filing a workers' compensation claim
- ▸Breach of a written or implied employment contract guaranteeing job security
§ How attorneys build your case
- ›Documenting the timeline — when you were fired, what reason was given, and recent performance reviews
- ›Preserving all written communications — emails, texts, performance reviews, disciplinary records
- ›Identifying witnesses who observed discriminatory treatment or retaliatory intent
- ›Filing a charge with the EEOC or state agency within the required deadline (often 180–300 days)
- ›Receiving a right-to-sue letter before filing a federal discrimination lawsuit
- ›Calculating damages — lost wages, benefits, front pay, emotional distress, and attorney's fees
“The biggest mistake wrongful termination victims make is waiting too long. Employment law claims have some of the shortest statutes of limitations in the legal system — EEOC charges must typically be filed within 180–300 days of the discriminatory act. Courts have consistently refused to allow claims filed one day late. The employer's HR team and legal counsel are already working on the defense the moment you are terminated. An employment attorney consulted within days of termination can assess the claim, advise on evidence preservation, and meet every deadline. An attorney consulted a year later may have nothing left to work with.”
§ What to look for in an attorney
- 01Employment law specialization — general practitioners often miss the procedural requirements
- 02EEOC charge experience — most federal employment claims require an administrative charge first
- 03Contingency fee representation — employment cases often carry no upfront cost
- 04State agency experience — some states have stronger protections and shorter deadlines
- 05Understanding of damages beyond lost wages — emotional distress, punitive damages, and front pay
- 06Trial experience — many wrongful termination cases require the credible threat of litigation to settle
⚖️
§ Ask these at your consultation
6 questions that matter
- ❓Do I have a wrongful termination claim, or was the employer legally allowed to fire me?
- 💰What deadlines apply to my claim — and have I already missed any?
- 🔍Do I need to file with the EEOC before I can sue?
- 📋What evidence do I need to preserve, and should I be documenting anything right now?
- 💬What damages am I realistically entitled to in a case like mine?
- 💡What is the timeline from filing to resolution — and how long will this take?
§ Frequently asked questions
Common questions about wrongful termination.
Q 01
I was fired "at will" — does that mean I have no claim?
At-will employment means you can be fired for any lawful reason. It does not mean you can be fired for any reason at all. Terminations based on protected characteristics (race, sex, age, disability), retaliation for protected activity, or violations of public policy are illegal regardless of at-will status. At-will language in an offer letter does not give your employer immunity from discrimination and retaliation law.
Q 02
My employer gave a false reason for firing me. Does that help my case?
Yes, significantly. Pretext — a false or shifting explanation for termination — is one of the strongest indicators of illegal motive. If your employer says you were fired for performance issues but you have strong reviews, if the stated policy was not applied to similarly situated employees, or if the explanation changed, these are powerful evidence of pretext. Your attorney will build the case around the inconsistency between the stated reason and the actual circumstances.
Q 03
Can I be fired for filing a workers' compensation claim?
No. Retaliation against an employee for filing or pursuing a workers' compensation claim is illegal in every state. This is one of the most common retaliatory termination patterns and one of the most legally clear-cut. Timing matters enormously — termination shortly after filing a workers' comp claim is strong circumstantial evidence of retaliation. Document the timeline carefully and contact an employment attorney immediately.
Q 04
I signed a severance agreement — did I waive my right to sue?
Signing a general release of claims in exchange for severance waives most employment claims — but only if the waiver is knowing and voluntary. For workers over 40, the Age Discrimination in Employment Act (ADEA) requires 21 days to consider the agreement and 7 days to revoke it. You may still have claims that were not covered by the release, or the release may be invalid for other reasons. Do not sign a severance agreement until you have consulted an employment attorney.
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