Can an at-will employee sue for wrongful termination in the US?
At-will employees can be terminated for any reason or no reason — but not for an illegal reason. Wrongful termination claims arise when an employee is fired: (1) in violation of an employment contract; (2) due to discrimination based on a protected characteristic (race, sex, age, disability, religion, national origin) under Title VII, the ADA, or the ADEA; (3) in retaliation for protected activity (filing a workers' comp claim, reporting harassment, whistleblowing); or (4) in violation of public policy (e.g., serving on jury duty).
What damages are available in a wrongful termination lawsuit?
Damages depend on the legal theory. For discrimination claims under Title VII: back pay (lost wages from termination to judgment), front pay (future lost earnings if reinstatement is impractical), compensatory damages (emotional distress), and punitive damages — all subject to statutory caps of $50,000–$300,000 depending on employer size. Back pay is uncapped. For breach of employment contract: the remaining salary under the contract term, subject to a duty to mitigate.
What is the statute of limitations for wrongful termination in the US?
For federal discrimination claims (Title VII, ADA, ADEA), you must file a charge with the EEOC within 180 days (or 300 days in states with a state agency) of the discriminatory act. The EEOC then has authority to investigate and issue a right-to-sue letter. For breach of employment contract, state law governs — statutes of limitations typically range from 3–6 years. Retaliation and whistleblower claims have varying deadlines depending on the statute.