What are illegal reasons for firing me?

Employers do not have the right to discriminate against you in violation of state or federal fair employment laws. Such laws protect against discrimination based on race, national origin, sex, religion, disability, and age. In addition, some states also protect against discrimination based on sexual orientation, marital status, whether a person receives public funds, and/or other characteristics. Such state and federal laws also protect you from being fired in retaliation for making a complaint of discrimination or assisting in someone else's complaint of discrimination on any of these bases.

Other state and federal laws also protect workers from being fired for a variety of reasons, including, but not limited to, the following:

• forming a union or being involved in union activity
• complaining about or reporting unsafe working conditions
• reporting illegal activities in your workplace (also known as "whistleblowing")
• asserting your legal rights or engaging in legal conduct, and
• holding certain political or religious beliefs.

If you believe you may have been fired for an illegal reason, contact your state department of labor and/or fair employment agency for more information.

What can I do to protect any legal rights I might have before leaving my job?

Even if you decide not to challenge the legality of your firing, you will be in a much better position to enforce all your workplace rights if you carefully document what happened when you were fired. For example, if you apply for unemployment insurance benefits and your former employer challenges your unemployment application, you will typically need to prove that you were dismissed for reasons that were not related to your own misconduct.

First, ask to see your personnel file. Make a copy of all reports and reviews in it. And make a list of every single document the file contains. That way, if your employer adds anything later, you will have proof that it was created after the events in question.

There are a number of ways to document events that happened. The easiest is to keep a journal in which you record and date significant work-related events such as performance reviews, commendations or reprimands, salary increases or decreases, and even informal comments your supervisor makes to you about your work. Note the date, time, and location for each event; which members of management were involved; and any witnesses who were present. Keep your notes at home or in a secure place.

Whenever possible, back up the notes in your journal with materials issued by your employer -- such as copies of the employee handbook; memos; brochures; employee orientation videos; and any written evaluations, commendations, or criticisms of your work. However, don't take or copy any documents that your employer considers confidential -- this will come back to haunt you if you decide to file a lawsuit.