What is Wrongful Termination?
Wrongful termination refers to the illegal or unjustified dismissal of an employee from their job, violating employment laws, contractual employment agreements, or infringing upon the employee's rights.
Related: What are the Components of a Good Work Ethic?
Examples of Wrongful Termination
Here are some common examples:
- Discrimination: This is a big one. It's illegal to fire someone because of their race, religion, sex, age, disability, or other protected characteristics. For instance, if you get fired after requesting leave for a religious holiday, that could be wrongful termination.
- Retaliation: Employers can't punish you for exercising your legal rights. So, if you report harassment or unsafe working conditions and then get fired, you might have a case.
- Violation of public policy: There are certain laws and regulations that protect workers. Firing someone for things like refusing to do something illegal or reporting a crime could be considered wrongful termination.
- Breach of contract: Some employment contracts lay out specific reasons for termination. If your employer fires you for something not in the contract, it could be wrongful.
What Should an Employee do in case of Wrongful Termination Claims?
Here's a checklist of what your next steps should be if you have lost your job wrongfully:
- Know your regulations: In such scenarios, you must be aware of what the government regulations are and should act accordingly.
- Check your employment contract: You should look what your contract says about wrongful termination.
- File a Complaint with HR: Some companies have internal procedures for addressing employee grievances. While not mandatory, filing a complaint with HR can help establish a record of your concerns and potentially lead to a resolution within the company.
What Laws Protect Against Wrongful Termination?
Laws such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and various state and federal labor laws protect employees from wrongful termination
Can Wrongful Termination Cases Be Settled Outside of Court?
Yes, some cases may be settled through mediation, arbitration, or negotiated settlements between the employer and the aggrieved employee.
Related: What is a Letter of Termination?
Conclusion:
Wrongful termination involves unjustified dismissal that violates employment laws or breaches contractual agreements. Employees who suspect wrongful termination can seek legal recourse to address the infringement of their rights. Employers must adhere to employment laws and fair practices to avoid wrongful termination claims.
