Understanding good faith and wrongful termination

On Behalf of | Nov 17, 2023 | Employment Law |

Employees often underestimate their rights when it comes to potential employment termination. Understanding the fundamentals of wrongful termination, including the role of good faith and fair dealing, helps employees advocate for fair treatment.

The more you know about good faith, the easier it is to address potential breaches.

Understanding good faith

Good faith in employment contracts requires both parties to act honestly and fairly. Employees have the right to expect reasonable treatment from their employers. This includes the way that employers handle termination.

Recognizing a breach

Despite the expectation, unfair dismissal still occurs. For example, a lack of clear communication about performance issues constitutes unfair treatment. Failure to communicate strips employees of the opportunity to correct the behavior. This leads to avoidable disciplinary action. Discriminatory practices also represent a breach of good faith.

Responding to a breach

When you suspect a breach of good faith, take steps to support your position. Keep copies of your annual evaluations as well as any emails related to your termination to help support your claims.

Make sure that you follow company procedures related to disputing your termination. Your employee handbook or published company policies should illustrate your internal dispute resolution options and the expectations surrounding the process.

The U.S. Equal Employment Opportunity Commission received more than 67,000 charges of workplace discrimination in 2020. Recognizing unfair treatment on the job, including wrongful termination, is essential for holding employers accountable. When employees advocate for their rights, they can get the compensation they deserve, including adequate severance and restitution for wrongdoing.