--- title: "Wrongful Termination: What Employers Need to Know" description: What is wrongful termination? 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- - - [whatsapp://send?text=https://blog.axcethr.com/wrongful-termination-what-employers-need-to-know](whatsapp://send?text=https://blog.axcethr.com/wrongful-termination-what-employers-need-to-know) - [mailto:?subject=Wrongful%20Termination:%20What%20Employers%20Need%20to%20Know&body=https://blog.axcethr.com/wrongful-termination-what-employers-need-to-know](mailto:?subject=Wrongful%20Termination:%20What%20Employers%20Need%20to%20Know&body=https://blog.axcethr.com/wrongful-termination-what-employers-need-to-know) ![Axcet HR Solutions Wrongful Termination](https://blog.axcethr.com/hs-fs/hubfs/Axcet-HR-Solutions-HR-Consultant-Mariah-Thacker-_1200-%C3%97-800-px_%20(1).webp?width=1200&height=800&name=Axcet-HR-Solutions-HR-Consultant-Mariah-Thacker-_1200-%C3%97-800-px_%20(1).webp) When it rears its ugly head, a wrongful termination claim can be an employer’s worst nightmare. If you’re facing a wrongful termination claim brought by a disgruntled employee, you can take comfort in the fact that most wrongful termination claims are not meritorious. Of those that make it past the preliminary legal stages, the vast majority of claims settle outside of court—in other words, it’s rare that a wrongful termination claim will go to trial.  Whether you’re wrangling with a wrongful termination claim at present or looking to protect your company in the future, I’ll walk you through what you, as an employer, need to know about the concept. In the end, you’ll have a clearer picture of what constitutes wrongful termination and how your business can take steps toward avoiding these types of claims in the future.  RELATED: [Time to Say Goodbye? 15 Tips for Effective Terminations >>](https://blog.axcethr.com/time-to-say-goodbye-15-tips-for-effective-terminations) ## What is Wrongful Termination?  The phrase “wrongful termination” has two meanings, though both meanings reference the same concept. An action for wrongful termination is a type of claim brought by an employee against their former employer. Wrongful termination claims allege that an employer has either broken the law in some way or has breached the contract existing between the business and its employee.  The act of wrongful termination itself refers to the illegal firing of an employee. While there are many legal reasons to fire an employee, there are still many, many illegal reasons to fire them, as well. (I’ll cover these below).  ## Types of Wrongful Termination Claims  Employees can bring wrongful termination claims against their employer for a wide range of reasons, though some reasons are far more common than others. Some of the most frequent causes for filing suit originate with the following issues:  ### Discrimination Whether based on race, age, gender or any other of a host of characteristics, an employee may believe they’ve been wrongfully terminated for a discriminatory reason.  RELATED: [Preventing Age Discrimination at Work >>](https://blog.axcethr.com/preventing-age-discrimination-at-work) ### Harassment and/or Hostile Work Environment The rise of the #MeToo movement has led to an influx of harassment and hostile work environment-based wrongful discrimination claims, particularly when issues related to [workplace harassment](https://blog.axcethr.com/harassment-in-the-workplace) are not properly addressed or resolved by employers. An employee may assert they’ve been fired after not succumbing to harassment at work or for speaking up against a coworker or supervisor who created an uncomfortable environment.  ### Breach of Contract This type of wrongful termination claim is unique; as opposed to claims that are based on the allegation that an employer has broken a federal or state law, these claims assert an employer has violated a clause in the contract between the company and the employee.  ### Retaliation  At a national level, the federal government has instituted protections for “whistleblowers,” or employees who have reported rule violations by their employers, whether internally or externally. Employers may not retaliate against these employees by firing or demoting them. Many wrongful termination claims that originate from allegations of retaliation very often involve OSHA (Occupational Safety and Health Administration) violations, FLSA wage and hour violations, or other violations of federal statutes.  [![Axcet HR Solutions HR Consultant discuss quiet retaliation in the workplace](https://no-cache.hubspot.com/cta/default/2652187/interactive-217838560512.png)](https://blog.axcethr.com/hs/cta/wi/redirect?encryptedPayload=AVxigLIVF37QBLSEclF9NGWA89iTRFIAYk2ix65f9Tp4tDlfaws5EENwUjk%2FLciIJHopOC%2BovLRIX0oAM5QWp2gMk921Z%2Fmv5iAWWSChJVWgu52o89zcvJ5OtCXoBBN1qx%2BInFFWVczf4R9P4HY78p3fnZGfhtFrk3xKPXBphmKz6n9ylxRncMLQdjNyodb%2BuQ%3D%3D&webInteractiveContentId=217838560512&portalId=2652187) ## Violation of Laws Surrounding Protected Leave  If an employee’s permitted leave time (whether paid or unpaid) is mandated by federal or state law, employers must honor those leave protections—meaning the employee’s job must be there for them when they get back. If an employee has been let go after taking a leave of absence protected by, for example, the Family and Medical Leave Act (FMLA), you could have a wrongful termination claim brewing against you.  RELATED: [What Employers Need to Know About Whistleblowers and Retaliation Claims >>](https://blog.axcethr.com/what-employers-need-to-know-about-whistleblowers-and-retaliation-claims)  ## How Can Employers Avoid Wrongful Termination?  Create severance packages, especially for employees terminated without cause. Upon any termination, employees should receive written notification of their severance from the company. Many companies find that offering a sum of money, whether at once or over a period of months, can reduce the chance that an employee will accuse the company of wrongful termination. In some cases, your company may be able to contract with the employee for the exchange of severance pay in return for the employee’s waiver and release of the company for any liability associated with the termination. Consult with your PEO or outside legal counsel before integrating any such language into a severance agreement.  Make sure you haven’t given anyone an implied contract. You might not have a written employment contract with an employee (many small to mid-sized businesses do not). However, you could still have unknowingly created an “implied” contract in the eyes of the law. Implied contracts are common in offer letters, employee handbooks, or anywhere where an employee policy has been put on paper. A frequent example of this involves a schedule of disciplinary actions in an employee handbook. If, for example, you’ve specifically stated that employees will receive a verbal warning and/or written warning before termination for a specific offense, the law in some states may require that you stick to your policy. If you don’t, you could face a wrongful termination claim.  If you’re located in an at-at-will employment state, emphasize your right to terminate employment at will (and vice versa). This right should be stated as often as possible: in offer letters, in salary or wage updates and in notifications of compensation structure changes. If your company has the right to fire an employee without cause, the employee also has the right to leave at any time, too. Highlighting the duality of this relationship not only reminds the employee that meritorious causes for wrongful termination claims are limited, but it also serves to reinforce the balanced nature of their employment.  [![How To Terminate a Remote Employee](https://no-cache.hubspot.com/cta/default/2652187/2ed7be52-cf23-4e9c-888c-b3fc93f19a37.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/2ed7be52-cf23-4e9c-888c-b3fc93f19a37) ## Can an Employee Bring a Wrongful Termination Claim in an At-Will Employment State?  Your business might be located in an at-will employment state, but that doesn’t mean an employee can never bring a claim for wrongful termination after they’ve been let go. Many states, including Kansas and Missouri, are “at-will” employment states. “At-will employment” is an employer-friendly legal doctrine allowing employers to hire and terminate an employee "at will," that is, for any reason, or for no reason at all, so long as the reason isn't related to one of a few key, federally protected traits, such as:  - Race - Ethnicity - Color - Religion - Sex, including pregnancy, sexual orientation, or gender identity - National origin - Marital status - Age (40 or older) - Disability - Genetic information, including family medical history While the concepts of at-will hire and wrongful termination are not the same thing, "at-will" hiring and firing often comes up as a defense to the cause of action an employee could have for wrongful termination. In short, employees can (and often do) bring claims for wrongful termination in at-will employment states.  [![how to avoid or prevent EEOC complaints](https://no-cache.hubspot.com/cta/default/2652187/5a0d218d-6e12-4dca-9ee3-0dd2f2187e5c.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/5a0d218d-6e12-4dca-9ee3-0dd2f2187e5c) ## Kansas Wrongful Termination Law The [Kansas Department of Labor](https://www.dol.ks.gov/laws-faqs) has shared that “Kansas is an employment-at-will state which means \[an\] employer can fire \[an employee\] for any non-discriminatory and/or non-retaliatory reason.” No state statutory or regulatory provisions specifically offer more rights to Kansas employees than to U.S. employees, generally. However, a line of Kansas case law will, in rare circumstances, serve to protect an employee who was acting in the interest of “public policy.” Kansas also honors implied employment contracts, whether created purposefully or inadvertently.  ## Missouri Wrongful Termination Law  [According to the Missouri Department of Labor and Industrial Relations](https://labor.mo.gov/dls/general/termination-final-wages), Missouri is another example of an at-will employment state. Missouri is remarkably employer-friendly in terms of its wrongful termination case law. In this state, courts often find that oral assurances and even employee handbooks do not serve to create implied contracts upon which wrongful termination claims can be brought (though it could still be possible). RELATED: [Handle with Care - Layoffs & Terminations >>](https://blog.axcethr.com/handle-with-care-layoffs-and-terminations) ## Axcet HR Solutions: Your Employee Relations Experts Most small to mid-sized businesses simply aren’t large enough to support a full team of HR experts, but that doesn’t mean you should go without employee relations expertise. Consider outsourcing HR functions to an experienced professional employer organization (PEO). Working with a PEO provides your business with access to employee relations and HR experts that can help your company thrive. As a trusted and certified PEO, Axcet HR saves you time, money, worry, and stress, so you can concentrate on growing your core business.  Do you have questions about wrongful termination or your current employee policies? We have answers. [Schedule a time to speak with our experienced team today >>](https://www.axcethr.com/schedule-consultation/) [![Employee Relations](https://no-cache.hubspot.com/cta/default/2652187/0eeaef73-dcb0-4697-a04f-6d3b530fe898.png)](https://cta-redirect.hubspot.com/cta/redirect/2652187/0eeaef73-dcb0-4697-a04f-6d3b530fe898) [![Mariah Collins, SHRM-SCP](https://blog.axcethr.com/hs-fs/hubfs/Mariah_DSC6768-Edit.jpg?width=80&height=80&name=Mariah_DSC6768-Edit.jpg)](https://blog.axcethr.com/author/mariah-collins) Written by #### [Mariah Collins, SHRM-SCP](https://blog.axcethr.com/author/mariah-collins) Mariah Collins, SHRM-SCP, is a Human Resources Consultant at Axcet HR Solutions, specializing in people management, process improvement, and project management. With a strong background in payroll, benefits, and employee relations, she brings over four years of experience in providing HR solutions to small businesses. Mariah holds a Bachelor of Business Administration in Human Resources from Emporia State University and is known for her expertise in helping businesses streamline HR processes while ensuring compliance. Her contributions to the Axcet blog reflect her deep understanding of HR challenges and her commitment to supporting small business owners. Read more [View all posts →](https://blog.axcethr.com/author/mariah-collins) ### Get HR Updates ### Table of Contents ### Related Resources - [services Human Resources](https://www.axcethr.com/services/human-resources/) #### [Right to Work Laws: What Employers Need to Know ![right to work laws](https://blog.axcethr.com/hubfs/right-to-work-states-right-to-work-laws-_1200-%C3%97-628-px_%20(1).webp)](https://blog.axcethr.com/right-to-work-laws-what-employers-need-to-know) #### [![Axcet Winter 2](https://blog.axcethr.com/hubfs/jan%2017%20blog%20image.png) How to Prepare Your Business for Winter Weather](https://blog.axcethr.com/how-to-prepare-your-business-for-winter-weather) ## Let us know what you think... ![AxcetHR Blog](https://blog.axcethr.com/hubfs/AxcetHR2021%20Blog/axcethr_logo_white%20(1).png) - [Why Axcet](https://www.axcethr.com/why-axcet/) - [What We Stand For](https://www.axcethr.com/about-us/what-we-stand-for/) - [Expertise](https://www.axcethr.com/expertise/) - [Employee Benefits](https://www.axcethr.com/services/employee-benefits/) - [Human Resources](https://www.axcethr.com/services/human-resources/) - [Payroll Services](https://www.axcethr.com/services/payroll-and-tax-administration-services/) - [Risk Management](https://www.axcethr.com/services/workers-comp-and-employee-safety-risk-management/) - [Meet the Team](https://www.axcethr.com/about-us/meet-the-team/) - [Subscribe to Latest Resources](https://www.axcethr.com/subscribe-to-the-latest-resources/) - [Resource Library](https://www.axcethr.com/expertise/resource-library/) - [\[ Client Portal \]](https://www.axcethr.com/client-services/) - - - - - Search for: Copyright © 2023 Axcet HR Solutions – Kansas City's PEO Since 1988 | [Privacy Policy](https://www.axcethr.com/privacy-policy/) | [Terms and Conditions](https://www.axcethr.com/terms-conditions/) | [**Join our Team – Careers »**](https://axcethrsolutions.prismhr-hire.com/) 10975 Grandview Drive Suite 200, Corporate Woods Building 27, Overland Park, KS 66210 | Call us: 913-383-2999 *The IRS does not endorse any particular For more information on [certified professional employer organizations](https://www.axcethr.com/why-axcet/certified-peo/), go to [www.irs.gov](https://www.irs.gov).* Remove cookies ![](https://dc.ads.linkedin.com/collect/?pid=43031&fmt=gif) ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Mariah Collins, SHRM-SCP", "url" : "https://blog.axcethr.com/author/mariah-collins" }, "dateModified" : "2026-08-11T17:36:36.376Z", "datePublished" : "2023-01-05T18:21:56.000Z", "headline" : "Wrongful Termination: What Employers Need to Know", "image" : [ "https://blog.axcethr.com/hubfs/Mariah-Thacker-_1200-%C3%97-628-px_%20(1).webp" ], "mainEntityOfPage" : { "@id" : "https://blog.axcethr.com/wrongful-termination-what-employers-need-to-know", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://blog.axcethr.com/hubfs/_logo_axcethr_primary.png" }, "name" : "Axcet HR Solutions" } } ``` ```json { "@context" : "https://schema.org", "@id" : "https://www.axcethr.com/#organization", "@type" : "Organization", "address" : { "@type" : "PostalAddress", "addressCountry" : "US", "addressLocality" : "Kansas City", "addressRegion" : "MO" }, "aggregateRating" : { "@type" : "AggregateRating", "bestRating" : "5", "ratingValue" : "5", "reviewCount" : "100" }, "areaServed" : { "@type" : "Country", "name" : "United States" }, "award" : [ "IRS Certified Professional Employer Organization (CPEO)", "Award-Winning HR Solutions Provider", "SHRM Certified HR Professionals", "HRCI Certified HR Professionals" ], "contactPoint" : { "@type" : "ContactPoint", "areaServed" : "US", "availableLanguage" : "English", "contactType" : "Customer Service" }, "description" : "Award-winning Professional Employer Organization (PEO) providing comprehensive HR solutions, payroll services, employee benefits, and risk management to small and mid-sized businesses. 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If you’re facing a wrongful termination claim brought by a disgruntled employee, you can take comfort in the fact that most wrongful termination claims are not meritorious. Of those that make it past the preliminary legal stages, the vast majority of claims settle outside of court—in other words, it’s rare that a wrongful termination claim will go to trial. Whether you’re wrangling with a wrongful termination claim at present or looking to protect your company in the future, I’ll walk you through what you, as an employer, need to know about the concept. In the end, you’ll have a clearer picture of what constitutes wrongful termination and how your business can take steps toward avoiding these types of claims in the future. RELATED: Time to Say Goodbye? 15 Tips for Effective Terminations >> What is Wrongful Termination? The phrase “wrongful termination” has two meanings, though both meanings reference the same concept. An action for wrongful termination is a type of claim brought by an employee against their former employer. Wrongful termination claims allege that an employer has either broken the law in some way or has breached the contract existing between the business and its employee. The act of wrongful termination itself refers to the illegal firing of an employee. While there are many legal reasons to fire an employee, there are still many, many illegal reasons to fire them, as well. (I’ll cover these below). Types of Wrongful Termination Claims Employees can bring wrongful termination claims against their employer for a wide range of reasons, though some reasons are far more common than others. Some of the most frequent causes for filing suit originate with the following issues: Discrimination Whether based on race, age, gender or any other of a host of characteristics, an employee may believe they’ve been wrongfully terminated for a discriminatory reason. RELATED: Preventing Age Discrimination at Work >> Harassment and/or Hostile Work Environment The rise of the #MeToo movement has led to an influx of harassment and hostile work environment-based wrongful discrimination claims, particularly when issues related to workplace harassment are not properly addressed or resolved by employers. An employee may assert they’ve been fired after not succumbing to harassment at work or for speaking up against a coworker or supervisor who created an uncomfortable environment. Breach of Contract This type of wrongful termination claim is unique; as opposed to claims that are based on the allegation that an employer has broken a federal or state law, these claims assert an employer has violated a clause in the contract between the company and the employee. Retaliation  At a national level, the federal government has instituted protections for “whistleblowers,” or employees who have reported rule violations by their employers, whether internally or externally. Employers may not retaliate against these employees by firing or demoting them. Many wrongful termination claims that originate from allegations of retaliation very often involve OSHA (Occupational Safety and Health Administration) violations, FLSA wage and hour violations, or other violations of federal statutes. Violation of Laws Surrounding Protected Leave  If an employee’s permitted leave time (whether paid or unpaid) is mandated by federal or state law, employers must honor those leave protections—meaning the employee’s job must be there for them when they get back. If an employee has been let go after taking a leave of absence protected by, for example, the Family and Medical Leave Act (FMLA), you could have a wrongful termination claim brewing against you. RELATED: What Employers Need to Know About Whistleblowers and Retaliation Claims >> How Can Employers Avoid Wrongful Termination? Create severance packages, especially for employees terminated without cause. Upon any termination, employees should receive written notification of their severance from the company. Many companies find that offering a sum of money, whether at once or over a period of months, can reduce the chance that an employee will accuse the company of wrongful termination. In some cases, your company may be able to contract with the employee for the exchange of severance pay in return for the employee’s waiver and release of the company for any liability associated with the termination. Consult with your PEO or outside legal counsel before integrating any such language into a severance agreement. Make sure you haven’t given anyone an implied contract. You might not have a written employment contract with an employee (many small to mid-sized businesses do not). However, you could still have unknowingly created an “implied” contract in the eyes of the law. Implied contracts are common in offer letters, employee handbooks, or anywhere where an employee policy has been put on paper. A frequent example of this involves a schedule of disciplinary actions in an employee handbook. If, for example, you’ve specifically stated that employees will receive a verbal warning and/or written warning before termination for a specific offense, the law in some states may require that you stick to your policy. If you don’t, you could face a wrongful termination claim. If you’re located in an at-at-will employment state, emphasize your right to terminate employment at will (and vice versa). This right should be stated as often as possible: in offer letters, in salary or wage updates and in notifications of compensation structure changes. If your company has the right to fire an employee without cause, the employee also has the right to leave at any time, too. Highlighting the duality of this relationship not only reminds the employee that meritorious causes for wrongful termination claims are limited, but it also serves to reinforce the balanced nature of their employment. Can an Employee Bring a Wrongful Termination Claim in an At-Will Employment State? Your business might be located in an at-will employment state, but that doesn’t mean an employee can never bring a claim for wrongful termination after they’ve been let go. Many states, including Kansas and Missouri, are “at-will” employment states. “At-will employment” is an employer-friendly legal doctrine allowing employers to hire and terminate an employee "at will," that is, for any reason, or for no reason at all, so long as the reason isn't related to one of a few key, federally protected traits, such as: Race Ethnicity Color Religion Sex, including pregnancy, sexual orientation, or gender identity National origin Marital status Age (40 or older) Disability Genetic information, including family medical history While the concepts of at-will hire and wrongful termination are not the same thing, "at-will" hiring and firing often comes up as a defense to the cause of action an employee could have for wrongful termination. In short, employees can (and often do) bring claims for wrongful termination in at-will employment states. Kansas Wrongful Termination Law The Kansas Department of Labor has shared that “Kansas is an employment-at-will state which means [an] employer can fire [an employee] for any non-discriminatory and/or non-retaliatory reason.” No state statutory or regulatory provisions specifically offer more rights to Kansas employees than to U.S. employees, generally. However, a line of Kansas case law will, in rare circumstances, serve to protect an employee who was acting in the interest of “public policy.” Kansas also honors implied employment contracts, whether created purposefully or inadvertently. Missouri Wrongful Termination Law According to the Missouri Department of Labor and Industrial Relations, Missouri is another example of an at-will employment state. Missouri is remarkably employer-friendly in terms of its wrongful termination case law. In this state, courts often find that oral assurances and even employee handbooks do not serve to create implied contracts upon which wrongful termination claims can be brought (though it could still be possible). RELATED: Handle with Care - Layoffs & Terminations >> Axcet HR Solutions: Your Employee Relations Experts Most small to mid-sized businesses simply aren’t large enough to support a full team of HR experts, but that doesn’t mean you should go without employee relations expertise. Consider outsourcing HR functions to an experienced professional employer organization (PEO). Working with a PEO provides your business with access to employee relations and HR experts that can help your company thrive. As a trusted and certified PEO, Axcet HR saves you time, money, worry, and stress, so you can concentrate on growing your core business. Do you have questions about wrongful termination or your current employee policies? We have answers. Schedule a time to speak with our experienced team today >>", "author" : { "@id" : "https://blog.axcethr.com/author/mariah-collins#author", "@type" : "Person", "name" : "Mariah Collins, SHRM-SCP", "url" : "https://blog.axcethr.com/author/mariah-collins" }, "dateCreated" : "2023-01-05", "dateModified" : "2026-08-11", "datePublished" : "2023-01-05", "description" : "When it rears its ugly head, a wrongful termination claim can be an employer’s worst nightmare. If you’re facing a wrongful termination claim brought by a disgruntled employee, you can take comfort in the fact that most wrongful termination claims are not meritorious. 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