What’s Wrongful Termination? 

Fired Unfairly? Understanding Your Rights and Fight Back 

Being fired from your job feels like getting hit by a truck. One day you’re working, the next you're being walked out, completely blindsided. Shock sets in fast. Then comes the confusion. Why now? What did I do wrong? Before long, the stress creeps in. How are you going to pay rent, support your family, or even explain this to future employers? 

If this sounds familiar, you’re not the only one. Many hardworking employees in Rochester and across Upstate New York lose their jobs under suspicious or questionable circumstances. And the worst part? Most never realize they may have legal rights that were violated. They walk away quietly, thinking they don’t have a case. 

At Horn Wright, LLP, our employment attorneys are here to make sure your voice isn’t drowned out. If you were fired unfairly, we’ll stand up for you. We’ll dig into the facts, hold your employer accountable, and push back hard—so you can focus on your next chapter while we handle the legal fight. 

What Exactly is Wrongful Termination? 

Wrongful termination, sometimes referred to as wrongful discharge or dismissal, happens when an employer fires someone illegally. That means they’ve violated employment laws or broken the rules outlined in a contract or agreement. 

This isn’t about being let go because of company downsizing or a missed deadline. It’s about firings rooted in bias, revenge, or flat-out lawbreaking. Here are a few situations that often qualify: 

• Discrimination — Getting fired due to your race, gender, disability, age, or pregnancy. 
• Retaliation — Being let go after reporting illegal activity, harassment, or unsafe work conditions. 
• Breach of Contract — If your employer fires you in a way that violates a written or implied agreement. 
• Violation of Public Policy — Terminations that go against your rights, like being fired for serving on a jury or taking legally protected leave. 

Wrongful termination laws exist to protect workers from these abuses. And yes, that protection applies even if you're an "at-will" employee because being "at-will" doesn't give your employer a free pass to discriminate or retaliate. 

Spot the Signs: Common Examples of Wrongful Termination 

Many people don’t realize their termination was illegal. Why? Because wrongful terminations are often disguised as something else. Still, there are red flags to look for: 

• Let go shortly after announcing a pregnancy 
• Terminated while on or right after returning from medical leave 
• Fired soon after filing a workplace complaint 
• Dismissed for raising safety concerns or reporting harassment 
• Termination came shortly after turning 50 
• Let go after disclosing a disability or asking for accommodations 
• Fired due to time off for jury duty or another civic obligation 

Sometimes, it’s not what’s said, but rather it’s what lines up suspiciously. Timing, changes in tone, and lack of clear reasons all play a role in spotting a wrongful firing. 

The Sneaky Tactics Employers Use 

Most employers won’t come out and say, “You’re being fired for complaining about harassment.” Instead, they’ll cover their tracks. They want to appear justified, even when the real reason is illegal. 

You might see: 

• Sudden negative performance reviews that don’t match past feedback 
• Vague claims of misconduct with no explanation or documentation 
• A surprise restructuring that eliminates your position right after you raised a concern 
• Changed job duties to set you up for failure 

Also, pay close attention if your treatment at work shifts dramatically after you report something, take protected leave, or assert your rights. That’s often a sign retaliation is coming. 

How Do You Prove Wrongful Termination? 

Proving wrongful termination can be tricky, but it’s absolutely doable with the right approach. It comes down to building a solid timeline, gathering evidence, and finding support from others who witnessed the discrimination or retaliation happen. 

Here’s what helps: 

• Documentation — Save every email, performance review, and write-up. Keep your termination letter and any related communication. 
• Patterns — Show how other employees were treated differently in the same situation. 
• Witnesses — Co-workers who saw the retaliation, discrimination, or unfair behavior can support your claims. 

When all of this comes together, it creates a clear picture that can help tip the scales in your favor. 

What to Do if You Suspect Wrongful Termination 

If your firing doesn’t sit right with you, don’t wait. The clock starts ticking the moment you’re let go. Here’s what you should do next: 

• File a formal complaint — Depending on your case, you may need to contact the Equal Employment Opportunity Commission (EEOC), OSHA, or the New York State Department of Labor. 
• Talk to an attorney — Wrongful termination laws are complex. An experienced labor lawyer can quickly tell if your case has legal standing. 
• Educate yourself — Understand your rights and what steps to take. Knowledge is power, especially when your livelihood is on the line. 

Acting quickly protects your case and gives you a better chance of recovering damages. 

Mistakes to Avoid After Being Fired 

In the middle of emotional chaos, it’s easy to make decisions that hurt your chances of justice. Here are the biggest mistakes to steer clear of: 

• Signing a severance agreement too soon — These agreements often include clauses waiving your right to sue. Never sign without a legal review. 
• Posting about it online — Venting on social media might feel good in the moment but can damage your case later. 
• Dragging your feet — Waiting too long to act may cost you important evidence or blow past legal deadlines. 

Instead, stay calm, document everything, and get the right advice early on. 

The Real Cost of Wrongful Termination 

Losing a job is painful enough. But wrongful termination adds an extra layer of damage. 

• Money lost — Missed paychecks, lost bonuses, and health benefits disappearing overnight. 
• Career setback — Gaps in your work history, missed promotions, or a stained professional reputation. 
• Emotional toll — Many people face anxiety, sleepless nights, depression, and a long road to rebuilding confidence. 

When we pursue a wrongful termination claim, we don’t just look at lost wages. We measure every impact emotional distress, reputational harm, and future earnings) to build a case that reflects the full picture. 

Building Your Wrongful Termination Case: Step-by-Step 

Think of your case like a puzzle. Each piece you gather adds up to something powerful. Here’s how to start building it: 

• Start documenting immediately — Save everything the moment you suspect trouble: emails, texts, and even handwritten notes. 
• Get legal insight early — An employment attorney will help you understand your rights and develop a strategy from the start. 
• Organize your evidence — Keep all your documents in one place. Create a timeline showing what happened and when. 

Being methodical shows you’re serious, credible, and committed to justice. 

How Horn Wright, LLP, Makes a Difference 

At Horn Wright, LLP, we know how devastating it is to be fired unfairly. Our attorneys offer real support and relentless advocacy. We take the time to listen to your story, uncover every detail, and build a strategy that puts your needs first. 

Losing a job for the wrong reasons leaves emotional and financial scars that run deep. If you believe you were wrongfully terminated, you don’t have to face this alone. The attorneys at Horn Wright, LLP, are here to guide you, advocate for you, and pursue the justice and compensation you deserve.  

Contact our office today for a FREE consultation.