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Unfair isn’t always unlawful: Understanding wrongful termination

April 2026 employment law letter
Authors: 

Emily E. Brodner and Juliet S. Burgess, The Burgess Law Group

“Wrongful termination” is a term frequently used in workplace disputes but not always with precision. Employees often assume that if a termination feels unfair or abrupt, it must also be illegal. The law, however, doesn’t regulate fairness—it regulates unlawful conduct. That distinction is where many disputes begin.

In most states, employment is presumed to be at will. Unless modified by contract or statute, an employer may end the employment relationship at any time and for a good reason, a poor reason, or no reason at all. What an employer may not do, however, is terminate for an unlawful reason.

A termination is wrongful when it violates a statute, breaches a contractual limitation, or contravenes public policy. Understanding those boundaries is essential for evaluating whether a separation crosses the legal line.

What wrongful termination isn’t

Unfair treatment, by itself, isn’t unlawful. A termination may feel abrupt or unjust and still be lawful. The emotional impact of losing a job is real and significant, but legal liability depends on whether the decision violated a statute, a contract, or recognized public policy.

The following terminations are typically lawful:

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