Wrongful termination and workplace discrimination

On Behalf of | Aug 29, 2024 | Employment Law |

Wrongful termination and workplace discrimination are serious legal issues that often overlap. Understanding how these areas intersect is important for employees who believe they have been unfairly dismissed.

Defining wrongful termination

Wrongful termination happens when an employer fires an employee in violation of legal protections. This can include breaches of contract, violations of public policy, or dismissals based on discrimination. Delaware follows at-will employment. This means employers can generally terminate employees for any reason. 

If the termination violates specific legal protections, it qualifies as wrongful. For example, firing an employee for refusing to engage in illegal activities can be grounds for a wrongful termination claim. The same applies if the termination is for taking protected medical leave.

Recognizing workplace discrimination

Workplace discrimination involves unfair treatment of an employee based on protected characteristics. These include race, gender, age, religion, or disability. Federal law, such as Title VII of the Civil Rights Act, and state law prohibits discrimination in the workplace. If an employer fires an employee because of a protected characteristic, it could lead to a discrimination claim. This action might also result in a wrongful termination case.

Wrongful termination and discrimination

When wrongful termination and workplace discrimination intersect, it means an employer fired an employee for discriminatory reasons. This violates their legal rights. Employees who think they were wrongfully terminated due to discrimination should file a complaint. 

They can file with the Delaware Department of Labor or the Equal Employment Opportunity Commission (EEOC). These agencies can investigate the claim. They might provide remedies such as reinstatement, back pay, or compensation for damages. Keeping detailed records of workplace incidents, communications, and your employment history can strengthen your case.

Understanding your rights 

If you suspect wrongful termination due to discrimination, it is important to understand your legal rights and the steps you can take. This helps ensure your rights are protected.