Wrongful termination rarely comes with flashing warning lights or a signed confession. In most cases, employers will do everything they can to make an illegal firing look legitimate. If you’ve been let go and something feels off, you may not be imagining it—your employer could be trying to cover up a wrongful termination.
In this post, we’ll explore some of the most common tactics employers use to hide illegal firings, how to recognize red flags, and what steps you can take to protect your rights.
What Is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee for a reason that violates the law. This includes firing someone for:
- Reporting harassment or discrimination
- Taking protected leave (e.g. under the FMLA or ADA)
- Whistleblowing illegal or unsafe activity
- Refusing to engage in illegal conduct
- Being part of a protected class (e.g., race, gender, age, religion)
To avoid liability, some employers attempt to disguise these illegal firings as routine performance issues or restructuring decisions. That’s why it’s important to know what to look out for.
Common Cover-Up Tactics Used by Employers
1. Sudden Negative Performance Reviews
If you’ve consistently received positive feedback or strong reviews, and then suddenly receive a harsh performance evaluation right before being fired, it’s a major red flag.
What to watch for:
- Vague or inconsistent feedback
- A sudden influx of criticism after you report a concern
- Reviews that conflict with prior praise or records
Why they do it:
Employers may be trying to create a paper trail that justifies firing you—even if it doesn’t reflect your actual work history.
2. “Restructuring” or “Eliminating” Your Role—Only to Refill It Later
Another common strategy is to claim that your job was eliminated as part of a restructuring, only for someone else to take on your exact duties—or for the position to be quietly filled by someone else.
What to watch for:
- Your same job is posted online after you’re let go
- A coworker assumes your responsibilities
- There’s no broader layoff or budget cut affecting others
Why they do it:
Employers use this tactic to make your termination seem unrelated to any protected action or characteristic.
3. Disciplinary Actions That Appear Out of Nowhere
Employers may suddenly start documenting alleged infractions or behavioral issues that were never mentioned before. Often, this happens after you’ve engaged in a protected activity like filing a complaint or taking medical leave.
What to watch for:
- Disciplinary write-ups with no prior verbal warnings
- Claims that you broke rules that are inconsistently enforced
- New policies introduced and enforced retroactively
Why they do it:
This helps build a “record” that paints you as a problematic employee—making it easier to fire you without raising suspicion.
4. Changing the Reason for Your Termination
If your employer offers multiple or shifting explanations for why you were fired, that’s a strong signal that something may be wrong.
What to watch for:
- HR says one thing, your manager says another
- Your termination letter says “restructuring,” but your COBRA notice lists “voluntary resignation”
- You’re told not to tell others the real reason
Why they do it:
Changing the narrative helps the company stay flexible in case of a legal challenge. But inconsistencies can work in your favor in a wrongful termination case.
5. Pushing You to Resign
Sometimes, an employer won’t fire you outright—but will try to force you to quit by making your job unbearable.
What to watch for:
- Sudden demotion or schedule change
- Unreasonable work demands or isolation
- Repeated suggestions that “maybe this job isn’t the right fit anymore”
Why they do it:
Employers may hope you’ll resign, which could weaken your legal position—unless you can show you were constructively discharged (forced to quit due to illegal or intolerable conditions).
How to Protect Yourself
If you suspect you’re being targeted for a wrongful or retaliatory termination, here’s what you should do:
1. Start Documenting Everything
Keep detailed records of:
- Conversations and meetings
- Performance reviews and disciplinary actions
- Emails, memos, or texts that feel suspicious or contradictory
2. Save Copies of Key Documents
These might include:
- Your employee handbook
- Performance evaluations
- HR complaints you’ve submitted
- Any policies you’re allegedly violating
3. Don’t Sign Anything Without Legal Advice
If you’re asked to sign a severance agreement, resignation letter, or release of claims, speak with a wrongful termination attorney first. You could be signing away your right to sue.
4. Contact an Employment Lawyer
An attorney can help you:
- Analyze the legitimacy of your firing
- Identify patterns of illegal conduct
- File complaints with the EEOC or a state agency
- Pursue a lawsuit if your rights were violated
Conclusion: Don’t Let the Cover-Up Go Unchallenged
If your employer is going out of their way to justify your firing, you have to ask: what are they hiding? Wrongful termination is often disguised behind polished explanations—but inconsistencies, sudden changes, and retaliation patterns speak volumes. We recommend wrongful termination lawyers maryland.