Wrongful Termination
Wrongful termination can refer to any situation in which an employer fires a worker for a reason that violates state or federal laws. While employers have the right to hire and fire their own employees as they see fit, it’s important for them to adhere to strict legal guidelines when doing so. Otherwise, they could face a wrongful termination lawsuit.
While some firings are necessary for company-wide concerns like overheard costs or restructure issues, these do not constitute wrongful termination. For a termination to be wrongful, it must breach an employment contract or break a law. This is also true of situations in which an employer fires someone for an illegal reason, such as discrimination or retaliation.
The most common cause of wrongful termination is discrimination. Regardless of an employee’s performance, they should not be fired because of their gender, race, religious preferences or family medical history. It’s also against the law to fire an employee because they filed a workers’ compensation claim or whistleblowed about company wrongdoing.
What Is Wrongful Termination?
Other violations of wrongful termination include firing an employee due to a breach of contract and violating public policy. Many companies have strict written contracts that detail the reasons for firing an at-will employee, and if an employer violates this in any way, they could be considered to have committed wrongful termination. Some cases involve breaches of implied employment contracts based on statements by managers, but these are more difficult to prove and are usually dismissed by courts.
A wrongful termination suit may be brought against an employer for violating certain state and federal laws, such as age discrimination, sexual harassment or retaliation against those who file a worker’s compensation claim. It’s important for anyone who believes they were fired unfairly to determine if their employer violated the law, which can be done through a consultation with a local attorney.
It’s also worth examining any paperwork related to your termination to determine if there is any evidence of a violation of employment laws. Any evidence of illegal firing, such as witness testimony or documentation proving discrimination, can be crucial when building a wrongful termination case.
While it’s natural for employers to want control over their own staff, they must adhere to laws and basic human rights when doing so. If you feel that your termination was unfair or illegal, contact an experienced attorney to discuss whether a wrongful termination lawsuit would be appropriate in your situation. In some cases, a lawyer can recommend attempting to resolve the matter outside of court by working with your former employer.
This may help you get the damages you deserve. In addition to monetary compensation, your attorney can help you recover for emotional distress and loss of income going forward. If you are able to prove that your firing was unlawful, it is possible that your damages will include punitive damages as well. This is something your attorney will review in your initial consultation. This is why it’s essential to consult with one early on in the process.
