Key Takeaways
- Understand how state statutes expand upon foundational federal protections like Title VII and the ADA.
- Learn the limitations of "at-will" employment, including wrongful termination exceptions and evidence requirements.
- Access a comprehensive directory of state-specific termination statutes and mandatory separation notice forms.
- Stay compliant with the latest regulations regarding non-compete enforceability and the Pregnant Workers Fairness Act
In many states, employment termination laws expand federal laws for additional protections to employees. These laws govern wages, commissions, and hiring/firing of employees. Common law is also a significant source of employment law in most states.
Some examples would be a claim for wrongful termination, the applicability of the "employment-at-will" doctrine, and the enforceability of post-termination restrictive covenants. Additionally, non-competes, non-solicitations of employees and customers, and confidential information are included.
The primary federal employment laws include:
- Title VII of the Civil Rights Act 1991
- Americans with Disabilities Act of 1990
- Age Discrimination in Employment Act of 1967
- Equal Pay Act of 1963
- Fair Labor Standards Act of 1938 (FLSA)
- Family and Medical Leave Act of 1993 (FMLA)
- Immigration Reform and Control Act of 1986
- National Labor Relations Act of 1935 (NLRA)
- Occupational Safety and Health Act 1970 (OSH)
- Pregnancy Discrimination Act of 1978
- Genetic Information Nondiscrimination Act 2008 (GINA)
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Employee Retirement Income Security Act of 1974 (ERISA)
- Executive Order 11246 for government contractors
- Pregnant Workers Fairness Act (PWFA)
Keeping these policies and company guidelines in mind can help employers and employees avoid wrongful termination claims.
How Do I Know If I Have a Claim for Wrongful Termination?
Generally, at-will employment is not subject to wrongful termination, and many factors determine whether you have a claim, including:
- What happened?
- What employer did you work for?
- Where did you work (location)?
Here are some common wrongful termination examples to understand when you could have a claim:
Breach of contract
A breach of contract occurs when an employee is wrongfully terminated for reasons that go against a written contract or the terms outlined in the employee handbook.
For example, if the handbook states that an employee can choose to work remotely, it would be wrong to terminate someone solely for working from home.
Harassment
This violation involves a hostile workplace environment.
An employer cannot fire someone for reporting workplace harassment, such as unwanted sexual advances, threats, or insulting comments, even if the position is at-will.
Discrimination
Discriminatory practices could include an employer treating someone differently or harshly because of their age, race, disability, religion, or sexual orientation.
For example, Ohio wrongful termination laws explicitly prohibit such discrimination under the Ohio Civil Rights Act Title VII.
Retaliation
Retaliation is when an employer fires or punishes an employee for reporting something illegal, such as discrimination, harassment, or unsafe conditions.
In Florida, this decision is a violation of Florida law, wrongful termination protections under the Civil Rights Act, and federal anti-retaliation statutes (42 U.S. Code §12203).
Public policy violation
In this case, wrongful termination of employment occurs when an employer violates public policy, such as firing an employee for exercising rights under federal or state laws, such as the Family Medical Leave Act (FMLA).
States have different laws regarding wrongful termination. For example, Virginia courts do not recognize claims for wrongful termination based on gender identity discrimination, but D.C. courts do.
Moreover, the strength of your case is determined mainly by the quality of your evidence. There is a good chance that an employer won't admit to firing someone illegally. For an employee to prove wrongful termination, the employer's stated reasons must be false and the valid reasons illegal.
However, no foolproof test determines whether an employee was wrongfully terminated. Depending on the applicable law, your employment contract, and the specific facts and evidence in your case, an employment law attorney can make an assessment.
Termination Laws By State
The following table contains a summary of the laws affecting employment termination requirements by state.
An employee removed from federal service because of discrimination has 30 days to file an appeal with the U.S Merit Systems Protection Board (MSPB). In contrast, a private-sector employee may file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days of termination.
State Laws on Employment Termination Letters
Depending on the state in which an employer operates, regulations may govern the separation process. An employment termination letter or separation notice informs the employee that they are eligible to file for unemployment benefits and, in some cases, the state agency about the employee's separation information.
The following table has a summary of employment termination letter and separation notice requirements by state.
| State | Employment Separation Notice Status |
|---|---|
| Arizona | UIB-1241A |
| California | (DE 2320) sample notice |
| Colorado | State's Department of Labor and Employment provides a form |
| Connecticut | Form UC-61 Unemployment Separation Package |
| Georgia | Separation Notice |
| Illinois | Form CLI111L |
| Iowa | Notice of Separation Form 60-0154, https://uiclaims.iwd.iowa.gov/EmployerSeparation |
| Louisiana | Separation Notice (LWC-77) |
| Maryland | Notice Of Unemployment Availability |
| Massachusetts | Form 0590-A |
| Michigan | Form IA 1711 |
| Mississippi | Report a separation or refusal of work through the state's website here |
| Missouri | Form M-INF-288-5 |
| Nevada | Notice DETR-ESD |
| New Jersey | Form BC-10 |
| New York | Form IA12.3 |
| Pennsylvania | Form UC-1609 |
| Rhode Island | The notice can be found here |
| South Carolina | Notification of the Availability of Unemployment Insurance Benefits |
| Tennessee | Form LB-0489 |
The contents of these letters may need to follow a particular template in some cases. In some states, employers must complete a termination form and present it to the terminated employee.
States require different separation notice requirements, so employers should know what they are, where they can access them, and when they must be provided.
In some states, employers must complete a termination form or employees may choose to submit a Resignation Letter to clarify their exit."
Helpful Resources:
Key Takeaways
- Understand how state statutes expand upon foundational federal protections like Title VII and the ADA.
- Learn the limitations of "at-will" employment, including wrongful termination exceptions and evidence requirements.
- Access a comprehensive directory of state-specific termination statutes and mandatory separation notice forms.
- Stay compliant with the latest regulations regarding non-compete enforceability and the Pregnant Workers Fairness Act
In many states, employment termination laws expand federal laws for additional protections to employees. These laws govern wages, commissions, and hiring/firing of employees. Common law is also a significant source of employment law in most states.
Some examples would be a claim for wrongful termination, the applicability of the "employment-at-will" doctrine, and the enforceability of post-termination restrictive covenants. Additionally, non-competes, non-solicitations of employees and customers, and confidential information are included.
The primary federal employment laws include:
- Title VII of the Civil Rights Act 1991
- Americans with Disabilities Act of 1990
- Age Discrimination in Employment Act of 1967
- Equal Pay Act of 1963
- Fair Labor Standards Act of 1938 (FLSA)
- Family and Medical Leave Act of 1993 (FMLA)
- Immigration Reform and Control Act of 1986
- National Labor Relations Act of 1935 (NLRA)
- Occupational Safety and Health Act 1970 (OSH)
- Pregnancy Discrimination Act of 1978
- Genetic Information Nondiscrimination Act 2008 (GINA)
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Employee Retirement Income Security Act of 1974 (ERISA)
- Executive Order 11246 for government contractors
- Pregnant Workers Fairness Act (PWFA)
Keeping these policies and company guidelines in mind can help employers and employees avoid wrongful termination claims.
How Do I Know If I Have a Claim for Wrongful Termination?
Generally, at-will employment is not subject to wrongful termination, and many factors determine whether you have a claim, including:
- What happened?
- What employer did you work for?
- Where did you work (location)?
Here are some common wrongful termination examples to understand when you could have a claim:
Breach of contract
A breach of contract occurs when an employee is wrongfully terminated for reasons that go against a written contract or the terms outlined in the employee handbook.
For example, if the handbook states that an employee can choose to work remotely, it would be wrong to terminate someone solely for working from home.
Harassment
This violation involves a hostile workplace environment.
An employer cannot fire someone for reporting workplace harassment, such as unwanted sexual advances, threats, or insulting comments, even if the position is at-will.
Discrimination
Discriminatory practices could include an employer treating someone differently or harshly because of their age, race, disability, religion, or sexual orientation.
For example, Ohio wrongful termination laws explicitly prohibit such discrimination under the Ohio Civil Rights Act Title VII.
Retaliation
Retaliation is when an employer fires or punishes an employee for reporting something illegal, such as discrimination, harassment, or unsafe conditions.
In Florida, this decision is a violation of Florida law, wrongful termination protections under the Civil Rights Act, and federal anti-retaliation statutes (42 U.S. Code §12203).
Public policy violation
In this case, wrongful termination of employment occurs when an employer violates public policy, such as firing an employee for exercising rights under federal or state laws, such as the Family Medical Leave Act (FMLA).
States have different laws regarding wrongful termination. For example, Virginia courts do not recognize claims for wrongful termination based on gender identity discrimination, but D.C. courts do.
Moreover, the strength of your case is determined mainly by the quality of your evidence. There is a good chance that an employer won't admit to firing someone illegally. For an employee to prove wrongful termination, the employer's stated reasons must be false and the valid reasons illegal.
However, no foolproof test determines whether an employee was wrongfully terminated. Depending on the applicable law, your employment contract, and the specific facts and evidence in your case, an employment law attorney can make an assessment.
Termination Laws By State
The following table contains a summary of the laws affecting employment termination requirements by state.
An employee removed from federal service because of discrimination has 30 days to file an appeal with the U.S Merit Systems Protection Board (MSPB). In contrast, a private-sector employee may file a complaint with the Equal Employment Opportunity Commission (EEOC) within 180 days of termination.
State Laws on Employment Termination Letters
Depending on the state in which an employer operates, regulations may govern the separation process. An employment termination letter or separation notice informs the employee that they are eligible to file for unemployment benefits and, in some cases, the state agency about the employee's separation information.
The following table has a summary of employment termination letter and separation notice requirements by state.
| State | Employment Separation Notice Status |
|---|---|
| Arizona | UIB-1241A |
| California | (DE 2320) sample notice |
| Colorado | State's Department of Labor and Employment provides a form |
| Connecticut | Form UC-61 Unemployment Separation Package |
| Georgia | Separation Notice |
| Illinois | Form CLI111L |
| Iowa | Notice of Separation Form 60-0154, https://uiclaims.iwd.iowa.gov/EmployerSeparation |
| Louisiana | Separation Notice (LWC-77) |
| Maryland | Notice Of Unemployment Availability |
| Massachusetts | Form 0590-A |
| Michigan | Form IA 1711 |
| Mississippi | Report a separation or refusal of work through the state's website here |
| Missouri | Form M-INF-288-5 |
| Nevada | Notice DETR-ESD |
| New Jersey | Form BC-10 |
| New York | Form IA12.3 |
| Pennsylvania | Form UC-1609 |
| Rhode Island | The notice can be found here |
| South Carolina | Notification of the Availability of Unemployment Insurance Benefits |
| Tennessee | Form LB-0489 |
The contents of these letters may need to follow a particular template in some cases. In some states, employers must complete a termination form and present it to the terminated employee.
States require different separation notice requirements, so employers should know what they are, where they can access them, and when they must be provided.
In some states, employers must complete a termination form or employees may choose to submit a Resignation Letter to clarify their exit."
Helpful Resources:
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