Wrongful termination occurs when an employee is dismissed from their job in a manner that violates the law or the terms of their employment contract. While most employment relationships are considered “at-will,” meaning that either the employer or the employee can terminate the relationship at any time and for any reason, there are several circumstances where termination may be deemed unlawful.
One of the primary grounds for wrongful termination is when an employee is fired in violation of federal, state, or local anti-discrimination laws. Under these laws, it is illegal for an employer to terminate an employee based on protected characteristics such as 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 just a few examples of laws that protect employees from discriminatory termination.
Another form of wrongful termination occurs when an employee is fired in retaliation for engaging in legally protected activities. For example, if an employee files a complaint about workplace discrimination, harassment, or unsafe working conditions, or if they report illegal activity (whistleblowing), and are subsequently terminated as a result, the termination may be considered wrongful. Employers are prohibited from retaliating against employees for exercising their rights under the law.
Termination can also be wrongful if it violates the terms of an employee’s contract or an implied contract. For example, if an employee has a written contract specifying that they can only be fired for certain reasons or after a specific procedure, firing them for other reasons would be a breach of the contract. Additionally, some states recognize implied contracts based on the language in employee handbooks or verbal promises made by the employer, which may limit an employer’s ability to terminate an employee arbitrarily.
Another aspect of wrongful termination is firing an employee for engaging in union activities or for taking advantage of their rights under labor laws. For instance, under the National Labor Relations Act (NLRA), it is illegal for employers to fire employees for organizing or joining a union or for engaging in other union-related activities.
Lastly, wrongful termination can occur when an employee is fired in violation of public policy. This includes firing an employee for reasons that go against a clear mandate of public policy, such as firing an employee for refusing to participate in illegal activities or for taking time off work to serve on a jury or vote.
In some cases, employees may be entitled to damages in wrongful termination cases. These damages can include back pay, reinstatement, lost benefits, emotional distress, and in some instances, punitive damages. Employees who believe they have been wrongfully terminated should consult with an attorney to understand their legal rights and explore the possibility of filing a claim.
