Wrongful Termination

Getting fired isn’t always legal. If you were let go for reporting something, taking leave you’re entitled to, or refusing to break the law, your firing may have crossed a line — and we can help you prove it.

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What counts as wrongful termination?

Wrongful termination is when an employer fires you for a reason the law forbids — not because it felt unfair, but because it was illegal. Minnesota and Illinois are at-will states, so an employer can let you go for almost any reason. What they can’t do is fire you for a protected one: because of who you are, because you reported wrongdoing, because you claimed a right you’re owed, or because a contract said otherwise. When the reason is one the law protects, you may have a case.

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First, the rule most people run into: at-will employment

Minnesota and Illinois are at-will states. That means your employer can fire you without warning, without a stated reason, and even for a reason that seems unfair — a personality clash, a bad quarter, a new manager who wants their own people.

At-will is the default, but it’s not the whole story. The law carves out reasons an employer is never allowed to fire you for. When your termination falls into one of those, “at-will” is no longer a defense — and that’s the ground a wrongful termination case is built on.

Unfair isn’t always illegal

Plenty of firings feel wrong without being unlawful. Being let go after a bad review while a coworker who performed the same keeps their job is unfair — but on its own, it’s usually legal. Being fired for complaining about a difficult manager, when the conduct wasn’t tied to a protected characteristic, is often legal too. So is being terminated for something a coworker did without consequence.

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We say this plainly because we’d rather be honest early than take your time and your hope for a case that isn’t there.

The line isn’t about how badly you were treated. It’s about why.

If the reason connects to something the law protects, at-will stops being a defense.

Not sure which side of the line your firing falls on? That’s exactly what we figure out with you.

Federal and state protections

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No single “wrongful termination law” exists. Your protection comes from the reason behind the firing — and those reasons live in different statutes.

Federal

Title VII, the ADA, the ADEA, the Family and Medical Leave Act (FMLA), and whistleblower and anti-retaliation provisions across federal law make it illegal to fire someone for a protected reason — discrimination, taking protected leave, or reporting unlawful conduct.

Minnesota

The Minnesota Human Rights Act (MHRA) bars discriminatory firings, and the Minnesota Whistleblower Act protects workers fired for reporting a violation of law in good faith. Minnesota courts also recognize a narrow public-policy exception — for example, firing someone for filing a workers’ comp claim, serving jury duty, or refusing to break the law.

Learn more

Illinois

The Illinois Human Rights Act (IHRA) prohibits discriminatory terminations, and Illinois recognizes the tort of retaliatory discharge — a broad common-law claim when a firing violates a clearly mandated public policy, such as filing a workers’ comp claim, whistleblowing, or refusing to commit an illegal act.

Learn more

Which law applies depends on your situation. Not sure? That’s what we figure out with you.

How discrimination shows up at work

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If any of this sounds familiar, we should talk.

When a firing isn’t a clean firing

Wrongful termination isn’t always a clean “you’re fired.” Sometimes it’s dressed up as something else.

  • Constructive discharge

    You weren’t fired outright — the job was made so unbearable that no reasonable person would have stayed. When an employer forces you out that way, the law can treat your resignation as a termination. If you quit because conditions became intolerable, you may still have a wrongful termination claim.

  • The layoff that only hit you

    A “restructuring” that eliminates one position — yours — right after you reported something, isn’t necessarily a restructuring. Timing matters, and so does who else was affected.

  • The sudden performance problem

    Years of good reviews, then a documented decline that starts the month after you asked for leave or filed a complaint. When the paper trail appears only after the protected activity, that’s worth examining.

  • The pretext

    Employers rarely admit an illegal reason. They give a legitimate-sounding one instead. What matters is whether the stated reason is the real one — and whether the facts hold up.

What a wrongful termination case can recover, if your case is successful:

  • Back pay for wages you lost
  • Front pay for future wages
  • Reinstatement to your job (if that’s what you want)
  • Compensation for emotional distress
  • Punitive damages against the employer (in serious cases)
  • Attorney’s fees and costs

Every case is different. What you can recover depends on the facts, the law, and the employer’s conduct.

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*Prior results do not guarantee a similar outcome.

How we handle wrongful termination cases

Every case starts with a free call. We listen first. If you have a case, we tell you what it looks like — what’s likely to happen, how long it might take, what’s realistic. If you don’t have a case, we tell you that too and try to point you toward someone who can help.

On contingency, you pay nothing unless we win.

Attorneys who handle these cases

Meet the full team
Shawn Wanta, Founding Partner at Wanta Thome

Shawn Wanta

Founding Partner

Recognized among the nation’s Top 100 Civil Plaintiff and Top 10 Wage and Hour attorneys, a determined litigator fighting for workers in class and collective actions.

Admitted in MN · IL

Joni Thome, Founding Partner at Wanta Thome

Joni Thome

Founding Partner

Drawing on 25 years of representing professionals and managers, a steady advocate for employees facing discrimination, harassment, and retaliation in the workplace.

Admitted in MN

Suzanne Heywood, Attorney at Wanta Thome

Suzanne Heywood

Attorney

Driven by her own encounters with corporate unfairness, a tenacious champion focused on protecting the rights, livelihoods, and futures of hardworking professionals.

Admitted in IN · IL · MI

Luke Molvarec, Attorney at Wanta Thome

Luke Molvarec

Attorney

Forged by his background as a Marine, an unwavering defender fighting to level the playing field and secure meaningful financial recovery for unfairly treated workers.

Admitted in IL

Common questions about wrongful termination

  • If I’m at-will, can I ever sue for being fired?

    Yes. At-will lets your employer fire you for most reasons, but not for an illegal one. If you were let go because of discrimination, retaliation, whistleblowing, or refusing to break the law, being at-will doesn’t protect the employer. That’s the exact situation worth having us look at.

  • How do I know if my firing was actually illegal?

    Look at the timing and the reason. Were you fired soon after reporting something, filing a claim, or asking for leave you’re owed? Was the stated reason a sudden change from years of good reviews? Those patterns are worth examining. We can help you tell an unfair firing from an unlawful one.

  • My employer gave a reason that sounds legitimate. Do I still have a case?

    Maybe. Employers rarely admit an illegal motive — they give a “performance” or “restructuring” reason instead. What matters is whether that reason is the real one. If the facts don’t line up, we can help show the stated reason was a cover for something the law forbids.

  • How long do I have to file a wrongful termination claim?

    It depends on which law applies. Some claims run through the EEOC or a state agency with deadlines as short as 180 or 300 days. Others, like Illinois retaliatory discharge, allow longer. Because the clock starts at your firing and missing it can end your case, call as soon as you can.

  • Can I make my employer tell me why I was fired?

    In Minnesota, yes. If you request it in writing within 15 days of being terminated, your employer must give you a truthful written reason — and they have 10 days to respond. That written reason can matter a great deal later, especially if it changes or contradicts what they say afterward.

See all wrongful termination FAQs

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Common questions

What’s the difference between wrongful termination and just being fired unfairly?

An unfair firing is one that feels wrong. An unlawful firing is one the law forbids — because of discrimination, retaliation, whistleblowing, or a broken contract. Plenty of terminations are genuinely unfair without being illegal. The question is whether the reason connects to something the law protects.

Can I be wrongfully terminated if I quit?

Sometimes. If your employer made conditions so intolerable that no reasonable person would have stayed, the law may treat your resignation as a firing. It’s called constructive discharge, and it can support a wrongful termination claim.

What evidence helps prove a wrongful termination?

Timing is often the strongest evidence — what happened right before you were fired. Beyond that: emails, texts, performance reviews, your employment contract, notes about what was said, and the names of anyone who saw or heard it. Bring what you have.

Can I still collect unemployment if I was fired?

Usually, yes. In both Minnesota and Illinois, being terminated generally doesn’t disqualify you from unemployment benefits as long as you weren’t let go for serious misconduct. Filing for unemployment also doesn’t waive your right to pursue a wrongful termination claim.

My employer said the firing was a layoff. Does that change anything?

Not necessarily. A layoff label doesn’t make a termination legal if the real reason was a protected one. If you were the only person cut, or the timing lines up with something you reported or requested, the “layoff” is worth a closer look.