Losing a job can be a frustrating experience. This is especially true if it happens without legitimate reason.
Understanding what makes a solid case for wrongful termination can help individuals determine whether their situation merits legal action.
Violation of laws
Wrongful termination often involves a breach of specific federal or state laws. Certain regulations protect employees from getting the boot based on race, color, religion, sex, national origin, age, disability or genetic information. If an employer ends someone’s employment for one of these reasons, it constitutes wrongful termination.
Breach of contract
Sometimes, an employee has a written contract promising job security for a certain period or setting specific conditions for firing. If the employer does not honor these terms, it can provide a basis for a wrongful termination lawsuit. Similarly, implied contracts, created through company policies or oral assurances, may also form the basis of a wrongful termination claim.
Retaliation
Employers cannot sack employees for engaging in protected activities, such as filing a complaint about workplace safety or participating in an investigation against the employer. Discharges that are retaliation against employees exercising their rights under labor laws remain strictly outlawed.
Violation of public policy
Dropping an employee for reasons that contradict public policy also constitutes wrongful termination. This includes letting someone go for taking time off work to vote, serve on a jury or participate in other civic duties protected by law. Moreover, dismissing a worker for refusing to engage in illegal activities at the request of a superior falls under this category.
Wrongful termination cases hinge on proving impropriety. Those who believe they are subject to an unjust firing should gather as much evidence as possible to support their claims.
