If something feels off about your dismissal—such as being fired right after asking for medical leave or being the only worker over 50 let go—it can be a red flag for illegal termination. Employers are not allowed to fire people for discriminatory reasons, in retaliation for protected actions or in breach of a contract. Knowing the common illegal grounds helps you decide what to do next.
Discrimination against protected classes
Employers cannot fire you because of who you are. Federal law forbids termination based on race, religion, sex, age, disability and other protected traits. Massachusetts adds further protections for sexual orientation, gender identity, marital status and military service.
If you lost your job after revealing a medical condition or after hearing age-related comments, discrimination might be the reason. Courts look at patterns, timing and what supervisors said to decide if bias was the cause.
Retaliation for exercising legal rights
Employers cannot fire you for exercising your legal rights. This protection covers several situations:
- Filing a discrimination or harassment complaint
- Reporting safety violations to OSHA
- Taking family or medical leave under the FMLA
- Pursuing a workers’ compensation claim
- Reporting illegal activities (whistleblowing)
- Discussing wages with coworkers
- Participating in a workplace investigation
If your firing happened soon after one of these actions, timing alone can suggest illegal retaliation.
Breach of employment agreements
At-will employment means an employer can fire you at any time for almost any reason. However, this rule generally does not apply if you have a contract. Written agreements that require “just cause” for dismissal or specify termination steps create binding rules that your employer must follow.
Implied contracts also offer protection. Your employee handbook might outline a specific disciplinary process, or a manager may have given you verbal promises about job security. These established company practices can create enforceable agreements even without a formal document.
Violations of public policy
Some terminations go against fundamental principles that protect society. In Massachusetts, this includes being fired for:
- Serving jury duty
- Voting
- Refusing to break the law at your employer’s request
Losing your job for these civic or lawful actions may constitute wrongful termination.
Proving your wrongful termination case
Since companies rarely admit to breaking the law, your records are crucial. Save every email, performance review, and text message that shows the gap between the official reason for your firing and the truth.
Taking legal action can help you recover lost wages and restore your professional reputation. Remedies may include back pay, emotional distress damages or even reinstatement. Holding a company accountable also prevents them from treating other employees illegally.