When a Firing Crosses the Legal Line: Employee Rights Explained

Losing your job is about as stressful as it gets.

But here’s the kicker…

Not every termination is legal. Employers illegally fire thousands of workers each year when they let them go for explicitly illegal reasons. Yet most employees never fight back because they don’t know what they’re entitled to under the law.

That’s where this guide comes in.

Below you’ll learn exactly when an employer crosses the line into unlawful termination — and how employees can take action if it happens to them.

Here are your biggest takeaways:

1. What Is Employer Discrimination Termination Protection?
2. At-Will Employment: What It Covers (and What It Doesn’t)
3. Protected Classes: Who Is Covered Under the Law?
4. Common Illegal Reasons for Termination
5. Wrongful Termination: What To Do Next

What Is Employer Discrimination Termination Protection?

Employer discrimination termination protection is a blanket term used to refer to the legal protections that keep employers from firing workers due to their race, gender, religion, national origin, age, or disability. It also extends to certain protected activities (like filing a complaint or whistleblowing).

In practice…

This law prevents a boss from firing someone simply because of their race, gender, veteran status, sexual orientation, and more.

Employment discrimination laws are mostly enforced at the federal level through Title VII of the Civil Rights Act, Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). Some states even provide additional protection at the state level.

Employees in the area should brush up on Nevada Wrongful Termination laws specifically. Employee rights in Nevada go further than many other states when it comes to employer retaliation and discrimination termination.

Why this matters: 88,531 new discrimination charges in FY 2024 were filed with the EEOC — that’s over 9% more than FY 2023.

Each one of those claims represents someone who believed they were illegally terminated.

Many of them were right.

At-Will Employment: What It Covers (and What It Doesn’t)

Most employees in the U.S. are considered “at-will.”

At-will employment simply means an employer can terminate employment at any time and for any reason. Some states even allow employers to fire an employee for no reason.

However…

Just because an employer doesn’t need a reason to terminate doesn’t mean they can terminate for an illegal reason.

If a boss fires someone because they filed a complaint against them, took medical leave, or are pregnant — that’s illegal. Firing someone without cause is not the same as firing someone for engaging in a protected activity.

The same thing goes for termination due to race, color, national origin, sex, religion, or age.

Employees are often misled by the “at-will” label. Just because someone can be fired for no reason doesn’t mean they can be fired for taking legitimate, lawful action.

Protected Classes: Who Does the Law Protect?

Federal law protects individual employees from termination based on certain characteristics. These protected classes make up who the law covers.

Federal protections include:

• Race
• Color
• Sex
• Religion
• National Origin
• Age (workers over 40)
• Disability
• Pregnancy
• Genetic Information

But there’s more. Many states have added additional protections above and beyond federal law. In Nevada, that includes sexual orientation, for example.

If a termination was motivated by belonging to one of these protected classes, there may be a valid wrongful termination case.

Common Illegal Reasons for Termination

Here is where it gets really important.

Knowing the most common illegal reasons behind a wrongful firing is the first step to understanding whether a valid case exists. Below are the most common examples of wrongful termination based on illegal reasons.

If any of these apply, consider reaching out to an attorney immediately.

Discriminatory Termination

An employer cannot fire someone because of their race, sex, religion, national origin, disability, and more.

That’s discrimination, and it’s illegal.

If an employer fires someone for being part of a protected class — or disproportionately fires members of that class — there may be grounds for a discrimination lawsuit. Retaliation charges alone totalled over 42,301 EEOC complaints in FY 2024 — the largest single category of all charges filed with the agency.

Retaliatory Termination

Retaliatory firings happen when employers terminate an employee for engaging in a protected activity.

Examples of protected activities include:

• Filing a complaint about discrimination or harassment
• Whistleblowing
• Requesting accommodations for a disability
• Taking legally protected medical or family leave

“Protected activities” are called that for a reason.

If an employer fires someone for taking medical leave, complaining about workplace harassment, or reporting a violation, they may be in violation of federal law. This is very common and often goes undetected. Employers can be discreet about retaliatory termination. If this situation applies, an employment attorney can help review the case.

Constructive Termination

Constructive termination is when an employer doesn’t outright fire someone, but rather creates a hostile work environment that forces an employee to quit.

In most states, constructive termination is every bit as illegal as a regular termination. If an employer intentionally pushed someone out through harassment, there may still be a case for wrongful termination.

Contract Violations

Does an employment contract exist? Does the company handbook outline a specific termination procedure?

Employment contracts can be legally binding if they outline specific conditions under which an employer can terminate. If the employer violated their own termination policy when firing someone, there might be a breach of contract claim.

While this isn’t discrimination, an attorney can help determine if a wrongful termination case exists.

Wrongful Termination: What To Do Next

Knowing rights is one thing. Acting on them is another.

Here are the basic steps to take after an unlawful termination:

1. Document everything. This includes emails, performance reviews, written warnings, and anything else that may be important later.
2. Build a timeline of events. When did the firing happen? When was a protected activity engaged in?
3. File with the EEOC. Generally, a claim must be filed with the Equal Employment Opportunity Commission before a lawsuit can proceed.
4. Contact an employment attorney as soon as possible. Legal claims are subject to deadlines. Waiting too long can mean losing the ability to file altogether.

Here’s something to keep in mind:

In FY 2024, the EEOC recovered close to $700 million for victims of discrimination — the highest amount in recent history. Holding an employer accountable can yield significant results.

Key Points: When Does Terminating an Employee Become Illegal?

Terminating an employee can quickly become illegal when it’s due to discrimination or retaliation.

Federal law outlines specific protected classes that cannot be terminated because of their race, gender, age, disability, or religious affiliation.

It can also be illegal when employers terminate an employee as a direct result of them:

• Filing a complaint
• Whistleblowing
• Requesting accommodations
• Taking protected leave

Time is also of the essence when fighting an unlawful termination. Contacting an attorney as soon as possible can help protect those rights.

Remember:

• Just because employment is at-will doesn’t mean rights don’t exist.
• Know the local laws. State-level wrongful termination statutes will vary.
• Document everything.
• Seek legal assistance.

Knowledge is power. Don’t let an illegal termination go unchecked.