Wrongful termination occurs when an employee is fired or laid off in violation of legal rights or contractual obligations. Whether you have been terminated in violation of federal or state laws, or in breach of your employment contract, understanding your rights is crucial for pursuing legal action. In this article, we’ll explain what constitutes wrongful termination, common reasons for wrongful dismissal, and how to handle the situation.
What is Wrongful Termination?
Wrongful termination refers to an employer firing an employee for reasons that violate the law or breach the terms of an employment contract. This type of termination is illegal and gives the employee the right to pursue legal action against the employer.
- At-Will Employment vs. Contractual Employment
In most states, employees are considered "at-will," which means that employers can generally terminate employees for any reason or no reason at all, as long as it doesn't violate the law. However, if there is a contractual agreement or collective bargaining agreement in place, an employer cannot terminate an employee in violation of that agreement. - Illegal Reasons for Termination
Some common illegal reasons for termination include discrimination, retaliation, breach of contract, or violating public policy. These types of firings are considered wrongful because they contradict existing employment laws and protections.
Common Reasons for Wrongful Termination
Wrongful termination cases can arise from various circumstances, and the specific laws may vary depending on the jurisdiction. Here are some of the most common reasons for wrongful termination:
- Discrimination
Federal and state laws prohibit firing employees based on certain protected characteristics, including race, gender, age, disability, religion, or national origin. The Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) are among the key laws that protect workers from discrimination. If an employee is fired because of their protected status, the termination is considered wrongful. - Retaliation
Employees cannot be fired for reporting discrimination, harassment, unsafe working conditions, or illegal activities in the workplace (such as whistleblowing). Retaliation against employees who exercise their legal rights is prohibited by law, and any dismissal under these circumstances could qualify as wrongful termination. - Breach of Contract
If you have a written or implied contract with your employer, firing you in violation of the contract’s terms may be considered wrongful termination. For example, if a contract specifies the terms under which you can be fired, and your employer disregards those terms, you may have a case for wrongful termination. - Violation of Public Policy
Firing an employee for reasons that violate public policy is considered wrongful termination. For example, if an employee is fired for taking time off to serve on jury duty, vote in an election, or report illegal activities, the firing is in violation of public policy and may be grounds for a wrongful termination claim. - Constructive Dismissal
In some cases, an employee may resign due to the employer’s illegal actions or intolerable working conditions. While technically a resignation, if the employer’s actions force the employee to quit, it may be considered a constructive dismissal, which can also be grounds for a wrongful termination claim.
Legal Protections Against Wrongful Termination
Employees are protected from wrongful termination by several federal and state laws. Some of the most important legal protections include:
- Federal Employment Laws
Several federal laws protect employees from wrongful termination, including the Equal Employment Opportunity Commission (EEOC) laws, which prohibit discrimination based on race, color, national origin, sex, disability, and religion. Additionally, the Family and Medical Leave Act (FMLA) protects employees from being fired for taking leave for medical reasons or to care for a family member. - State and Local Laws
In addition to federal protections, many states have their own laws that provide additional protections against wrongful termination. Some states offer broader definitions of discrimination or retaliation, which may include protections for sexual orientation, gender identity, or other personal characteristics. - Employment Contracts and Collective Bargaining Agreements
Employees who have employment contracts or are covered by a collective bargaining agreement may have additional protection against wrongful termination. These agreements often outline specific procedures for termination and wrongful actions by the employer.
What to Do if You Believe You Were Wrongfully Terminated
If you believe you have been wrongfully terminated, it’s essential to take immediate steps to protect your rights and evaluate your options for legal action.
- Document Everything
Keep detailed records of your employment, including any communications or actions that may suggest wrongful termination, such as performance reviews, complaints, emails, or notes from conversations with your employer. The more evidence you can gather, the stronger your case may be. - Review Your Employment Contract
If you have a written or implied contract, review its terms regarding termination. If your employer violated those terms, you may have grounds for a wrongful termination claim. - Contact an Attorney
Consult with an employment lawyer who specializes in wrongful termination cases. An attorney can help you assess the merits of your case, explain your legal rights, and guide you through the process of filing a claim. Depending on your situation, you may be entitled to reinstatement, back pay, or damages for emotional distress or other losses. - File a Complaint
Depending on the circumstances of your termination, you may need to file a complaint with the appropriate government agency, such as the EEOC or your state’s labor board. These agencies can investigate the claim and, in some cases, take legal action on your behalf.
Conclusion
Wrongful termination is a serious matter that can cause financial and emotional distress for employees. If you suspect that your termination was illegal, it's important to understand your rights and take appropriate action to hold your employer accountable. By documenting your situation, reviewing your contract, and consulting with a qualified attorney, you can better protect yourself and pursue the compensation or reinstatement you may be entitled to.
If you believe your termination was wrongful, don’t hesitate to contact an employment attorney who can provide the support and guidance needed to navigate the legal process and seek justice.
