Wrongful termination is a serious issue that can significantly impact individuals’ careers and livelihoods, so understanding the legal grounds for wrongful termination is crucial for employees to protect their rights and seek recourse if they believe they have been unjustly fired. Below, a workplace injury lawyer shares information on how this happens:
What Constitutes Wrongful Termination?
Wrongful termination occurs when an employer dismisses an employee in violation of federal or state laws, public policy, or the terms of employment contracts. While employment in the United States is generally considered “at-will,” meaning employers can terminate employees for any reason or no reason (as long as it’s not illegal), there are a few recognized exceptions to this rule.
1. Discrimination
One of the most common grounds for wrongful termination is discrimination. Federal laws, such as Title VII of the Civil Rights Act of 1964, prohibit employers from firing employees based on protected characteristics such as race, color, religion, sex, or national origin. Additionally, state laws often expand these protections to include additional characteristics such as sexual orientation, gender identity, age, disability, and pregnancy status.
For example, if an employee is terminated because of their race or gender – despite satisfactory job performance – they may have grounds for a wrongful termination claim under anti-discrimination laws.
2. Retaliation
According to our friends at Hayhurst Law PLLC, retaliation occurs when an employer fires an employee in retaliation for engaging in protected activity, such as reporting illegal activity (whistleblowing), filing a discrimination complaint, or participating in a workplace investigation. Federal laws like the Whistleblower Protection Act and Title VII protect employees from retaliation for asserting their rights.
If an employee is terminated shortly after engaging in protected activity, they may have a strong case for wrongful termination based on retaliation – which is why consulting with an attorney is crucial.
3. Breach Of Contract
Employees who have an employment contract specifying terms and conditions of employment (such as duration of employment, reasons for termination, and procedures for termination) are entitled to certain protections. If an employer violates the terms of an employment contract when terminating an employee, the employee may have grounds for a breach of contract claim.
Furthermore, employment contracts can be written or implied. Implied contracts may be established through an employer’s statements or actions, such as an employee handbook promising job security or specific termination procedures.
4. Violation Of Public Policy
In some states, employees may be protected from termination if it violates public policy principles. For example, terminating an employee for refusing to commit an illegal act, exercising a legal right (such as voting or jury duty), or taking family or medical leave can be considered wrongful termination under public policy exceptions.
5. Constructive Discharge
Constructive discharge occurs when an employer makes working conditions so intolerable that an employee feels compelled to resign. While technically a resignation, constructive discharge can still be considered a form of wrongful termination if the employer’s actions were discriminatory or retaliatory.
Steps To Take If You Suspect Wrongful Termination
If you believe you have been wrongfully terminated, there are several steps you can take to protect your rights:
- Document Everything: Keep records of performance reviews, emails, and any documentation or communication related to your termination.
- Review Company Policies: Familiarize yourself with your company’s policies and procedures regarding termination.
- Consult an Employment Attorney: An experienced employment attorney can evaluate your case, explain your legal rights, and guide you through the process of filing a wrongful termination claim – or determine if you even have one.
- File a Complaint: Depending on the circumstances, you may file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s fair employment practices agency. These agencies investigate claims of discrimination and retaliation.
Understanding the legal grounds for wrongful termination is essential for protecting employee rights and seeking justice in case of unjust dismissal. Whether based on discrimination, retaliation, breach of contract, violation of public policy, or constructive discharge, employees have legal avenues to challenge wrongful termination and seek compensation or reinstatement.
By knowing your rights and documenting any suspicious circumstances surrounding your termination, you can take proactive steps to address potential wrongful termination and uphold fair employment practices in the workplace. Remember, seeking legal advice from a qualified attorney can provide invaluable guidance and support throughout the process.