Was It Wrongful Termination?

If you’ve been fired from a job, you may wonder if it was wrongful termination.

What is wrongful termination, what are the most common reasons for it, and what can you do about it?

What it is:

Wrongful termination or wrongful discharge occurs when an employee’s contract of employment is terminated by the employer for reasons that breach the terms of employment or federal, state, or local law.

3 types of wrongful termination:

-Breach of contract

It is illegal to terminate an employee if it violates their employment contract. This contract is generally written, but verbal promises can also carry legal weight. If an employee fires an employee and it breaches company policy, the employee may also be able to file a wrongful termination case.

-Discrimination

Federal law protects employees from being fired due to discrimination on age, sex, disability, gender, national origin, race, religion, or gender information. Some states also protect employees against discrimination based on sexuality and gender identity. Furthermore, it’s also illegal to harass an employee when it’s based on one of the above categories. Harassment based on age, gender, national origin, or any of the categories, that is more than a one off comment, can create a hostile work environment.

-Retaliation

It is illegal to terminate or punish an employee for participating in a protected practice. These protected practices include reporting discrimination or other illegal behavior and participating in investigations into illegal behavior. An employee cannot be fired or punished for reporting illegal behavior to Human Resources, supervisors, or enforcement agencies. It is also illegal for companies to discourage, warn against, or threaten an employee from participating in a protected practice or exercising their legal rights.

Next steps:

If you’ve determined that your employer wrongfully terminated you from your employment, there are steps you can take. Hire an employment law attorney and set up a free consultation. This attorney can guide you through the process and tell you whether or not you have a strong case. Save and print any emails or text messages that may show that you were wrongfully terminated. Ask coworkers if they will prepare written statements for you backing up your allegations. Provide your attorney with copies of your employment contract, employee handbook, or any other relevant documentation to help build your case.

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