Wrongful Termination Of Employment

Wrongful termination of employment occurs when an employee has been fired or laid off for any number of illegal reasons. This is the case if a worker loses his job due to discriminatory practices due to race, age, gender, or religion (some states have broader categories of discrimination). However, if a particular type of discrimination is not covered under law, the employee may not sue on these grounds. For instance, an employee does not have a case if he was fired simply because his manager did not like him personally. However, he might have a case if the manager did not like him on account of his race or ethnicity. An employer could also be tried for wrongful termination of employment if he fires an employee for whistle blowing (reporting unethical or unsafe business practices to the proper authorities), defamation of character, breach of explicit, or implied contract, or if the employee is commanded to commit an illegal act and refuses.

Fast Facts

  • According to the California Supreme Court, courts can consider an employee's resume (promotions, raises, merit reviews, etc.) of job security as an implied-in-fact contract.
  • If an employee is forced to quit because of intolerable work arrangements, he may be able to sue for "constructive discharge."

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