Alabama Wrongful Termination Laws

There are numerous federal and state laws protecting employees from losing their jobs due to discrimination or retaliation for what is known as “whistle blowing” reports.  In addition there are mechanisms for filing claims if wrongful termination can be proven. 

Most local laws covering employment vary by state; however, the most common federal employment legislation is the Federal Labor Standards Act of 1938, which addresses minimum wage, overtime, and working hours.  The Federal Civil Rights Act of 1964 also addresses civil rights, age discrimination, disabilities, nationality, and race.  State laws may expand on those protections and provide specific remedies for those terminated unfairly.

Most states including Alabama are “at will” states, meaning that an employee can quit at any time and for any reason, and the employer can fire an employee at any time for any reason, other those prohibited by other legislation.

Alabama’s Specific Labor Laws

Alabama has a few laws expanding on federal employment laws, but in general, Alabama adheres to federal laws in most areas, with the following exceptions:

*These laws change often, so consult state statutes for the most up-to-date information.

Alabama Discrimination Laws

Alabama also follows federal anti-discrimination laws in employment as in other aspects of public policy, with the one addition of prohibition against age discrimination for workers over 40.  In Alabama, if an employee suspects their employer is guilty of age discrimination, there are agencies to handle such claims, but the employee has additional rights:

• There is no administrative preemption prohibiting an employee from filing a private lawsuit
• Employees are permitted to recover attorneys fees from the defendant if they win their case
• There is a statute of limitations of 300 days for age discrimination cases

Filing a Claim for Wrongful Termination

If an employee believes they have a case for wrongful termination, their first step is to file a claim with their local EEOC office.  An employee has 180 days from the date they learned of the violation to file their claim.  The EEOC will then begin the process of procuring or suing for the employee’s rights by:

• Investigation
• Mediation/Conciliation
• Filing a lawsuit

Legal Remedies for Wrongful Termination

If the EEOC does not file suit within 60 days of an individual’s claim, the employee may file their own personal lawsuit against the employer.  However, there are other options, beginning with retaining an employee rights attorney.  They may be able to negotiate a settlement with the employer, which includes financial compensation, damages, back pay, reinstatement, and more.  If that is impossible, and a lawsuit is inevitable, an employee rights attorney can pursue such a lawsuit on behalf of the employee.

Local Resources

EEOC Offices

Birmingham District Office

1130 22nd Street S, Suite 2000
Birmingham, AL 35205
205-212-2100 or 800-669-4000
TTY: 205-212-2112 or
800-669-6820
FAX: 205-212-2105

Mobile Local Office

63 South Royal Street
Suite 504
Mobile, AL 36602
800-669-4000
TTY: 800-669-6820
FAX: 251-690-2581

For age discrimination issues, contact:

Alabama Department of Economic and Community Affairs
401 Adams Avenue
Montgomery, AL 36104
Phone:   (334)242-5100; Fax:   (334)242-5099;
e-mail: ADECA.webmaster.Info@adeca.alabama.gov