Wrongful Termination: Legal Recourse for Unjust Dismissals

Getting fired is hard enough.

Getting fired for an illegal reason is even worse.

Wrongful termination happens much more frequently than most workers realize. And workers who have been illegally fired often don’t realize they have legal rights.

Let’s change that.

Understanding the basics of Mississippi wrongful termination law could be the difference between rolling over and taking a stand. Thousands of workers get fired for illegal reasons every year. But armed with the right information, they can fight back.

Here’s what you need to know…

1. What Qualifies As Wrongful Termination?
2. Common Reasons For Illegal Firing
3. At-Will Employment Exceptions
4. Legal Options For Wrongfully Terminated Employees
5. Building A Strong Case

What Qualifies As Wrongful Termination?

Wrongful termination, also known as wrongful discharge or wrongful dismissal, occurs when an employee is fired for illegal reasons.

In other words, being fired is one thing. Being illegally fired is something completely different.

The vast majority of employment relationships are “at-will.”

That means an employer can fire an at-will employee for almost any reason, or no reason at all. It also means that an employee can quit without cause.

Mississippi is an at-will employment state. Mississippi follows the general rule that in the absence of a contract stating otherwise, an employer can terminate an employee at any time for any reason. But Mississippi recognizes exceptions to the at-will doctrine that make terminations unlawful in certain situations. Workers facing Mississippi Wrongful Termination need to understand these exceptions to protect their rights.

The most common situations include:

• Terminations that violate federal or state anti-discrimination laws.
• Firing someone in retaliation for filing a complaint about unlawful conduct.
• Terminating an employee for a reason that violates public policy.
• Wrongful discharge in violation of an implied contract.

The statistics tell a concerning story. According to the EEOC’s 2024 Annual Performance Report, the agency received 88,531 new charges of discrimination in the last fiscal year, which is an increase of over 9% over 2023. This is a big increase and points to workplace problems that are getting worse.

Even more eye-opening…

Industry experts estimate that the actual number of wrongful terminations each year is five to 10 times the number of formal complaints filed. Workers don’t report because they fear retaliation, don’t have the resources, or simply don’t know it was illegal to fire them.

Common Reasons For Illegal Firing

Not all bad terminations are illegal.

But here are the ones that definitely are:

• Terminating employment based on an employee’s race, color, religion, sex, national origin, age, disability, or pregnancy is always illegal. It’s a violation of federal anti-discrimination laws.
• Employers cannot legally fire workers for exercising their rights or reporting misconduct. For example, retaliation for filing a discrimination claim or harassment complaint.
• Contract breaches. When an employer and employee have a contract (either written or implied), that contract must be honored by both parties. If a contract’s terms are violated and an employee is fired, the termination is likely illegal.
• Public policy violations. Terminations that violate a state’s public policy, such as firing an employee for refusing to engage in illegal activity, can also be wrongful.

Research shows that more than four in ten successful wrongful termination cases involved allegations of discrimination and harassment. Nearly three in ten successful wrongful discharge claims arose out of employee retaliation for reporting misconduct.

At-Will Employment Exceptions

Mississippi is an at-will employment state.

But this is not all there is to the story. Mississippi at-will employment does have important exceptions that protect employees from being illegally fired.

• An employer cannot fire someone for reasons prohibited by state and federal anti-discrimination laws. Race, religion, sex, national origin, age, disability, or pregnancy cannot be the basis for a termination.
• Workers’ compensation claims. Terminating an employee for filing a claim for on-the-job injuries is illegal.
• Committing an illegal act. Employers cannot lawfully terminate workers for refusing to commit an illegal act.
• It is also illegal to fire someone for whistleblowing, including reporting illegal or unethical behavior to authorities.
• Breach of contract. If there is a contract between the employer and employee, the employer cannot fire someone for a reason that breaches the contract.

Just because Mississippi employment is at-will does not give employers license to fire anyone, at any time, for any reason. Mississippi law clearly defines these exceptions and can provide legal recourse for affected employees.

Legal Options For Wrongfully Terminated Employees

So you think you’ve been wrongfully terminated. Now what?

Take legal action. There are legal steps you can take to fight back and seek compensation.

• File a charge with the EEOC. Discrimination-based terminations generally require an employee to file a charge with the Equal Employment Opportunity Commission before they can file a lawsuit.
• File a complaint with a state agency. Some wrongful terminations may require filing with a state agency. The appropriate agency will depend on the violation.
• File a lawsuit. After filing the appropriate administrative charges and receiving a right-to-sue letter, an employee can file a civil lawsuit against their former employer.
• Negotiate a settlement. Most wrongful termination lawsuits settle before trial. If an employee has a strong case, their former employer may be willing to negotiate.

The stats show that workers who fight back tend to see results. Legal research firm Martindale-Nolo reports that 43% of plaintiffs in wrongful termination lawsuits were awarded some kind of settlement or verdict. That number goes up to 64% when the worker hires an attorney.

Building A Strong Case

Here’s the best way to improve your chances of winning your wrongful termination case…

Provide evidence.

Cases that have the most powerful evidence have the best chance of prevailing in court. Wrongful termination claims supported by both witness testimony and documentary evidence have success rates around 62%. Claims supported by only one type of evidence have success rates as low as 17%.

Don’t go it alone…

Industry analysts have identified common reasons why wrongful termination claims don’t win:

• Failure to produce evidence
• At-will employment doctrine
• Failure to file charges on time
• Lack of legal representation

It’s also important to note that wrongful termination claims must be filed within certain time limits, known as statutes of limitations. If a worker does not file within the applicable time period, they may lose their right to pursue legal action altogether.

Wrapping Things Up

It’s bad enough to get fired.

Don’t let it get worse by being illegally fired.

Wrongful termination is not a card companies play to get rid of unwanted employees. It’s a violation of the law and can have serious consequences for employers who break it.

Whether discrimination, retaliation, contract breach, or public policy violations are involved, there are multiple legal theories that might apply to any given set of facts.

Key points to remember:

• At-will employment has limitations
• Proper documentation can be invaluable in any claim
• Filing deadlines are strict
• Legal representation makes a difference
• Settlement and verdict awards can provide compensation

Rising charges filed with the EEOC demonstrate that workplace problems remain widespread. At the same time, it shows workers are becoming more aware of their legal rights.

If you believe you have been wrongfully terminated, talk to an employment lawyer as soon as possible. The law puts strict time limits on when claims must be filed, evidence can be lost, and witnesses’ memories can fade.