Understanding Wrongful Termination Cases

In the world of employment, the term “at-will employment” is a fundamental concept in the United States. It generally means that an employer can terminate an employee at any time and for any reason, or no reason at all, as long as the reason is not illegal. This principle, however, is not absolute. Over time, statutory and common-law exceptions have been developed to protect employees from wrongful dismissal. A “wrongful termination” or “wrongful dismissal” occurs when an employer illegally fires an employee, often in violation of a contract or a statute. This article explores the various types of wrongful termination cases and provides an overview of what you should know.

Common Types of Wrongful Termination Cases

While the specifics can vary by state, most wrongful termination claims fall into several key categories.

1. Discrimination-Based Termination

Federal and state laws prohibit employers from firing an employee based on their membership in a legally “protected class”. These protected characteristics include race, color, religion, sex, national origin, age (for employees over 40), and disability. If an employee can show that their termination was motivated by such a discriminatory factor, they may have a strong case. For example, a company cannot fire a qualified older employee to replace them with a younger one with less experience or lower performance scores. Such claims are typically filed with the Equal Employment Opportunity Commission (EEOC).

2. Retaliation for Protected Activities

Employees have the right to engage in certain legally protected activities without fear of punishment. A retaliation-based termination occurs when an employer fires an employee for exercising these rights. Examples include reporting workplace harassment or discrimination, whistleblowing on illegal activities, filing a worker’s compensation claim, or taking legally protected medical leave. These protections are in place to ensure employees can report wrongdoing without facing adverse consequences.

3. Breach of Employment Contract

The at-will doctrine does not apply when an express employment contract is in place. These contracts, which can be written, oral, or even implied, can outline specific conditions for termination, such as requiring “just cause”. If an employer fires an employee in violation of the terms of this contract, it can be grounds for a wrongful termination lawsuit based on breach of contract. The duration of employment, regularity of promotions, and verbal assurances can all be factors in proving an implied contract exists.

4. Violation of Public Policy

In many states, an employer cannot fire an employee for a reason that violates a well-established public policy. The public policy exception protects employees who are fired for exercising a statutory right or refusing to perform an illegal act. For example, an employer cannot fire you for refusing to commit fraud or for serving on a jury.

Summary of Key Points

1. The default employment rule in the U.S. is “at-will,” but there are significant exceptions that prevent illegal terminations.
2. Wrongful termination claims can be based on discrimination, retaliation, or a breach of an employment contract.
3. Refusing to break the law, serving jury duty, or filing for workers’ compensation are protected activities under the public policy exception.
4. A “constructive discharge” claim may be possible when an employer creates such a hostile work environment that an employee feels forced to quit.
5. Gathering thorough documentation is essential to building a strong case if you believe you have been wrongfully terminated.

Frequently Asked Questions

Wrongful Termination, At-Will Employment, Breach of Contract, Retaliation, Public Policy Exception, Constructive Discharge, Unfair Dismissal, Discrimination, Labor & Employment, Employment Law, Legal Claims, Unlawful Termination