Employment Wrongful Termination

Wrongful Termination

Wrongful Termination

Wrongful Termination: Understanding Your Employee Rights

Wrongful termination occurs when an employer fires an employee in violation of federal or state laws. It can occur for various reasons, including discrimination, retaliation, or breach of contract. In this article, we’ll explore what wrongful termination is, the different types, how to prove it, and what to do if you are a victim of wrongful termination.

What is Wrongful Termination?

Wrongful termination occurs when an employer fires an employee in violation of federal or state laws. The laws are in place to protect employees from discrimination and retaliation based on race, gender, age, disability, religion, sexual orientation, or filing a complaint against the employer.

Wrongful termination can also occur when there is a breach of contract or a violation of public policy. Breach of contract can occur when an employer fires an employee in violation of a written or implied employment contract. Violation of public policy can occur when an employer fires an employee for refusing to participate in illegal activities, filing a complaint about workplace safety violations, or reporting illegal business practices.

Types of Wrongful Termination

There are several types of wrongful termination, the most common being:

1. Discrimination: This occurs when an employer fires an employee based on their race, gender, age, disability, religion, or sexual orientation.

2. Retaliation: This occurs when an employer fires an employee for reporting illegal activities, filing a complaint or grievance, or participating in an investigation.

3. Breach of Contract: This occurs when an employer fires an employee in violation of a written or implied employment contract.

4. Violation of Public Policy: This occurs when an employer fires an employee for refusing to participate in illegal activities, reporting illegal business practices, or reporting workplace safety violations.

Proving Wrongful Termination

Proving wrongful termination can be challenging, as employers often have the upper hand in employment relationships. However, there are several things that employees can do to prove wrongful termination:

1. Keep Records: Keep records of performance evaluations, work assignments, and any communication that indicates discrimination, retaliation, or other illegal activities on the part of your employer.

2. Gather Witnesses: If possible, talk to colleagues who may have witnessed discriminatory or other illegal behavior.

3. Seek Legal Advice: Seek legal advice from an attorney who specializes in employment law. An attorney can help you navigate the legal system and advise you on how to proceed.

What to Do if You are a Victim of Wrongful Termination

If you believe you are a victim of wrongful termination, there are several steps you can take:

1. File a complaint: If you work for a private company, file a complaint with the Equal Employment Opportunity Commission (EEOC) or state equivalent agency. If you work for a government employer, file a complaint with your human resources department.

2. Seek Legal Advice: Seek legal advice from an attorney who specializes in employment law. An attorney can help you navigate the legal system and advise you on how to proceed.

3. Document Everything: Keep records of everything related to your termination, including any documentation supporting your claim and any communication with your employer.

4. Network: Reach out to other professionals in your field and let them know that you are looking for work. Networking can often lead to job opportunities.

Conclusion

Wrongful termination is a difficult and often emotionally charged situation. It is essential to understand your employee rights and take action if you believe you are a victim of wrongful termination. Keep records, gather witnesses, seek legal advice, and document everything related to your termination. While the process may be challenging, standing up for your rights is essential to protect yourself and others from illegal and discriminatory behavior in the workplace.


What is Wrongful Termination?

• Wrongful termination is a legal phrase, which describes a situation where an employee’s contract of employment is terminated by their respective employer in circumstances that constitute a breach one or more terms of the contract of employment.

• All employees, when legally working in the United States, sign a contract of employment. This contract stipulates the expected role and the stipulations of the various occupations. The employee contract is a legally binding document that must be upheld by both the employer and the employee.

• A wrongful termination will differentiate based on the particular employee contract signed and varies by jurisdiction; however, all wrongful terminations violate a specific aspect of the particular employee contract. The following circumstances are considered common examples of a wrongful termination:

• Discrimination:An employer cannot terminate a worker because the employee is a certain nationality, race, religion, age, sex, or in some states, sexual orientation.

• Retaliation: An employer cannot fire an employee as a result of a claim of discrimination filed by the employee. Retaliatory actions are outlawed by the federal government under civil rights law.

• The Employee’s Refusal to Commit an Illegal Act: An employer is not allowed to fire an employee because the employee refuses to participate in an illegal function aligned with the business or employment of the individual.

• Employer Not Following Documented Termination Procedures: All employers will institute an employee handbook or company policy pamphlet which outlines formal procedures of the employer. These procedures must be adhered to; if the employer fires an employee without following the specific termination procedure outlined in company policy, the employee may file for wrongful termination.

Legal Actions if Wrongfully Terminated

• A wrongful dismissal will arise first as a claim by the dismissed employee. The majority of jurisdictions within the United States provide tribunals or court systems which will observe actions for wrongful dismissals. If the termination is proven as a wrongful dismissal, the court will provide the individual with one of two remedies: the court district will order the employer to reinstate the individual and/or provide the individual with monetary compensation for the loss of wages and the emotional stress that revolves around being wrongfully terminated.

• In order to prove a wrongful dismissal the individual must provide evidence as to the unjust actions taken by the employer. An employer can legally fire an employee for violating the employment contract or for a number of reasons associated with performance based issues. That being said, these lawsuits or hearings typically revolve around a battle between the employer’s statements that the individual was fired for a specific reason (such as lack of performance) vs. the former employee’s counter claim that he or she was unjustly fired. These battles, although complex in some circumstances, are enshrouded in subjective squabbles. As a result of this characteristic, if you have been wrongfully terminated, you should most certainly hire a legal professional to streamline the legal process. The most important aspect of proving a wrongful termination is to review the grounds for hiring vs. the employment contract and your particular performance while employed.