What is Wrongful Termination

Even though there is many circumstances where an employer can’t terminate his/her employees, termination is not always wrong in the legal sense. Often, people who have been terminated perceive the termination as unfair or unethical, while the employer may have perfect legal backup. For this reason it is important to understand wrongful termination as well as the governing employment law.

How Does it Happen?

While many terminations might not make perfect sense and may seem unethical or even illegal, the employer must violate a specific state or federal law in order to allow the case to be eligible for a wrongful termination lawsuit. Consider the following:

Discrimination

If an employer terminates you simply based on your gender, race, creed, disability or any other related reasons, the employer terminated you based on discriminatory reasons. Discrimination is wrongful termination and therefore illegal.

Retaliation

In the event that your employer has done something illegal, he/she can’t terminate you due to the fact that you reported the illegal activity to management. At the same time, wrongful termination includes termination based on a refusal to commit illegal activity demanded by the employer.

Defamation of character

In certain cases, employers will intentionally defame an employee in order to justify termination. This definitely counts as wrongful termination, which can be attested in court.

Breach of explicit or implied contract

Employers can’t terminate you if you have are under a contract and are fulfilling the contract terms usually until the specified period ends. If your contract does not include an escape clause, such termination is likely to be considered wrongful.

Breach of good faith and fair dealing

Good faith and fair dealing imply that employees are to be treated fairly, especially if they have devoted a great deal of time into a company. Consequently, employers can’t terminate employees for primitive reasons such as avoiding to pay due rewards, raises or giving promotions.

Constructive discharge

There might be a situation where an employer is constructing changes that make the working place intolerable. If fellow employees would also quit under the new given circumstances, there might be grounds for a wrongful termination lawsuit.