Wrongful Termination
Reviewed by DocDraft Legal Team - United States - Last updated November 11, 2026
Wrongful termination is a firing that breaks a law or a contract, not simply a firing that feels unfair, because most US employment is at-will. The EEOC takes charges of discrimination against employers with 15 or more employees (20 or more for age), and its charge deadline is 180 or 300 days depending on the location, so confirm it for yours with the EEOC. Many claims need a right-to-sue notice before a lawsuit. States add their own agencies, deadlines, employer-size rules and final paycheck laws, so the state page matters.
Find out where you stand — what state are you in?
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What counts as wrongful termination?
Most employment is at-will, so an employer can usually fire for any reason or none. A firing becomes wrongful termination when the reason is illegal, such as discrimination or retaliation that a statute bars, or when it breaks an employment contract. Some state courts also recognize a public-policy exception; Florida does not recognize a common law wrongful-discharge claim.
What is the deadline to file an EEOC charge after being fired?
EEOC charge deadlines are 180 or 300 days from the date of harm, depending on the location. EEOC offices give 300 days in California, New York and Florida for employers with 15 or more employees, or 20 or more for age. Offices covering Texas give different figures, so confirm your deadline with the EEOC.
Do you need a right-to-sue notice before suing for discrimination?
Often, yes: you file a charge, receive a right-to-sue notice, and the suit deadline runs from it. Texas allows 60 days after receiving the notice, within two years of filing the complaint; California one year from the date of the notice; New York allows direct suit unless you first filed with its Division or a local commission, with narrow exceptions.
When is a final paycheck due after a firing?
Final pay timing depends on the state. California requires payment immediately at discharge, Texas not later than the sixth day after discharge, and New York generally by the regular pay day for the pay period in which the job ended. If pay is late, put your request in writing.
How wrongful termination claims work
A wrongful termination claim starts with one question: which law or contract did the firing break? At-will employment lets employers end the relationship for many reasons, but not for reasons a statute forbids, such as the discrimination and retaliation covered on each state page. Deadlines are short and run on parallel tracks. EEOC charge deadlines are 180 or 300 days depending on the location, and EEOC offices covering Texas give different figures, so confirm yours with the EEOC. State agencies set their own deadlines; among California, Texas, New York and Florida they run from 180 days in Texas (300 for sexual harassment) to three years in California and New York. After an agency charge, many claims need a right-to-sue notice, and the time to sue runs from that notice. States also differ on whether courts recognize a public-policy exception: California does, while Florida does not recognize a common law wrongful-discharge claim at all. Unpaid final wages are a separate issue with their own state rules, and a final paycheck demand letter puts the request in writing.
Relevant Laws
EEOC timeliness (Los Angeles office)
An example EEOC office page: 300 days from the date of harm for a charge against an employer with 15 or more employees (20 or more for age) in California.
California Gov. Code 12960
California Civil Rights Department complaints are due within three years from the date of the unlawful practice.
Texas Labor Code 21.202
Texas Workforce Commission complaints are due not later than the 180th day after the unlawful employment practice, or the 300th day for sexual harassment.
Florida Stat. 760.11
Florida Commission on Human Relations complaints are due within 365 days of the alleged violation.
Regional Variances
Wrongful termination rules in the canary states
California
Agency: Civil Rights Department, within 3 years for employers of 5+ (Gov. Code 12960(e)(5)); EEOC 300 days (15+ employees, 20+ for age); suit within 1 year of the right-to-sue notice; final pay immediately at discharge.
Texas
Agency: TWC Civil Rights Division, for employers with 15+, by day 180 (300 for sexual harassment) (Labor Code 21.202); EEOC deadline: confirm with the EEOC office; suit within 60 days of receiving the notice and within 2 years of filing the complaint; final pay by day 6 after discharge.
New York
Agency: Division of Human Rights, within 3 years (Executive Law 297(5)); EEOC 300 days (15+ employees, 20+ for age); court action available without a notice unless a Division or local commission complaint was filed, subject to the dismissal exceptions in Executive Law 297(9); final pay generally by the regular pay day.
Florida
Agency: Commission on Human Relations, for employers with 15+, within 365 days (Fla. Stat. 760.11(1)); EEOC 300 days (15+ employees, 20+ for age); no common law wrongful-discharge claim; Private Whistleblower Act (private employers with 10+) suit within 2 years after discovering the retaliatory action or 4 years after it was taken, whichever is earlier.
Suggested Compliance Checklist
Request your final pay in writing
As soon as pay is late days after startingFinal pay timing depends on the state. If wages are late, send a written request for the exact amount owed.
Save records and write a timeline
Within days of the firing days after startingKeep the termination notice, messages, pay stubs and a dated timeline, with witness names.
File an EEOC or state agency charge
180 or 300 days (EEOC); state deadlines vary days after startingFile within the EEOC deadline for your location (180 or 300 days) and your state agency's deadline, and confirm the one that applies to you with the agency.
Calendar the right-to-sue deadline
Varies by state and claim days after startingWhere a right-to-sue notice applies, the lawsuit deadline runs from the notice and can be short.
Send a demand letter or review a settlement
Before signing any release days after startingA demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Request your final pay in writing | Final pay timing depends on the state. If wages are late, send a written request for the exact amount owed. | final-paycheck-demand-letter | As soon as pay is late |
| Save records and write a timeline | Keep the termination notice, messages, pay stubs and a dated timeline, with witness names. | - | Within days of the firing |
| File an EEOC or state agency charge | File within the EEOC deadline for your location (180 or 300 days) and your state agency's deadline, and confirm the one that applies to you with the agency. | - | 180 or 300 days (EEOC); state deadlines vary |
| Calendar the right-to-sue deadline | Where a right-to-sue notice applies, the lawsuit deadline runs from the notice and can be short. | - | Varies by state and claim |
| Send a demand letter or review a settlement | A demand letter sets out your claim and what you want. Review any settlement agreement before signing; attorney review is available. | demand-letter | Before signing any release |
Frequently Asked Questions
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