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The four most common employment law claims

The four most common employment law claims are wrongful termination, discrimination, harassment, and retaliation claims.

Wrongful termination

If you've been terminated from your job, the question is, were you wrongfully terminated? A wrongful termination occurs if your employer fires or lays you off, or forces you to quit or retire, for a protected characteristic. Protected characteristics include your age, disability, national origin and ancestry, race and color, religion, and sex and pregnancy.


Discrimination claims work the same was as wrongful termination claims. Discrimination occurs if your employer takes an adverse employment action against you, such as firing or laying you off, demoting you, failing to promote you, lowering your pay, failing to give you a raise, or transferring your job, for a protected characteristic.


Harassment claims arise when the harassment is unwelcome, the harassment is based on your protected characteristic, the harassment was severe or pervasive, and the harassment was committed by a supervisor or your employer knew of the harassment and failed to correct it. Harassment includes the creation of a racially or sexually hostile work environment, verbally or physically abusive treatment, and requiring submission to sexual advances as a condition of employment, continued employment or promotion.


Retaliation occurs when your employer takes an adverse employment action against you for engaging in protected activity such as opposing an unlawful discriminatory practice, making a charge or filing a lawsuit against your employer, or for testifying, assisting or participating in any manner in any investigation, proceeding or hearing.

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