Wrongful termination refers to the illegal dismissal of an employee from their job. This can occur for a variety of reasons, such as discrimination, retaliation, or a violation of labor laws.
If you believe that you have been wrongfully terminated, it is important to contact a wrongful termination attorney to understand your legal options and pursue justice. They can guide how to file a claim and represent you in court if necessary.
Common Causes of Wrongful Termination
Wrongful termination occurs when an employee is fired illegally. It results from different situations, but some causes are more prevalent than others. Here are five common causes of wrongful termination:
Discrimination
Discrimination is a widespread cause of wrongful termination. Federal and state laws protect employees from discrimination based on factors such as race, gender, age, religion, national origin, disability, and sexual orientation.
If an employee is terminated because of any of these factors, it may be considered wrongful termination. For example, if an employer fires an employee because of their religion, it could be considered religious discrimination.
Retaliation
Retaliation is another common cause of wrongful termination. Retaliation occurs when an employer fires an employee for complaining about discrimination or harassment, reporting illegal activities, or participating in legal activities outside of work. If an employee reports that their boss is sexually harassing them and then gets fired shortly afterward, it may be considered retaliation.
Breach of Contract
If an employee has a contract with their employer that specifies the terms and conditions of their employment, and the employer violates those terms by firing them, it may be considered wrongful termination. For example, if an employee has a contract that states they can only be fired for cause, and they are fired without cause, it could be considered a breach of contract.
Violation of Public Policy
Employees are also protected from being fired for reasons that violate public policy. This can include firing an employee for serving on a jury, taking time off for military service, or reporting safety violations in the workplace. For example, if an employee is fired for reporting safety violations that could put their coworkers in danger, it could be considered a violation of public policy.
Constructive Discharge
Constructive discharge occurs when an employer creates such a hostile work environment that the employee feels they have no choice but to quit. This can include situations where an employee is subjected to harassment, discrimination, or retaliation.
For instance, if an employer repeatedly makes racist comments to an employee and refuses to stop, the employee may feel they have no choice but to quit. If they can show that the employer's behavior was so intolerable that no reasonable person would be expected to continue working there, it may be considered a constructive discharge.
Remedies For Wrongful Termination
Wrongful termination claims typically pit employees against employers. There are numerous ways to effectively and conclusively address wrongful termination cases, including:
Mediation
Mediation is a process where an impartial third party helps the parties reach a mutually acceptable resolution. Mediation is often less expensive and faster than litigation. The parties can agree on a settlement that includes reinstatement, compensation, or other remedies. The process is confidential, and the parties can avoid the publicity and emotional strain of a trial.
Arbitration
Arbitration is a process where a neutral third party decides the outcome of the dispute. The parties present their cases to an arbitrator, who makes a decision that is binding or non-binding, depending on the agreement. Arbitration is often faster than litigation, and the parties have more control over the process. However, the decision is final and can only be appealed in limited circumstances.
Legal Action
If mediation or arbitration is unsuccessful, the employee can file a lawsuit. The lawsuit can seek damages for lost wages, benefits, emotional distress, and other losses. The employee can also seek reinstatement or other remedies. However, litigation can be expensive and time-consuming, and the outcome is uncertain.
Settlement
Before or during litigation, the parties can negotiate a settlement. A settlement is an agreement between the parties that resolves the dispute. The settlement can include compensation, reinstatement, or other remedies. Settlements can be reached at any time during the legal process, and they are often confidential.
Retaliation Claims
In some cases, the employee may be terminated in retaliation for engaging in a protected activity, such as reporting discrimination or harassment. The employee can file a retaliation claim with the Equal Employment Opportunity Commission (EEOC) or a state agency. If the claim is successful, the employee may be entitled to reinstatement, compensation, or other remedies.
Wrongful termination can have serious consequences for both employees and employers. Employers should take care to ensure that they are not violating their employees' legal rights when terminating their employment.
