Being wrongfully terminated is one of the worst things that can happen to an individual. But this brings us to the question: What is wrongful termination? According to Kingsley Szamet, wrongful termination occurs when an employer illegally fires, dismisses, or forces an employee to quit for reasons that violate public policy or employment laws. Wrongful terms include violation of public policy, retaliation for an employee's action, and firing for discriminatory reasons.
Wrongful discharge can alter the life of an individual, resulting in reputation damage, loss of earnings, and emotional distress. To take action against these wrongful acts, you must seek the help of a wrongful termination lawyer. But before taking legal action, let us understand the legal grounds that determine wrongful termination and what you need to prove.
Wrongful termination means the unlawful dismissal of an employee from their job. This occurs when the termination is a direct violation of the federal law of the state.
The grounds of wrongful termination are narrow. But if you find yourself under the circumstances mentioned below, you have the full right to file a lawsuit.
Some job roles have an employment contract that states the terms and conditions under which individuals can be terminated. The agreements generally have a clause that mentions the “good cause” that can terminate the employee.
If an employee is terminated for a reason that is not included in the “good cause,” the termination is wrongful, and you have the right to file a lawsuit.
When an employee joins an organization, it is the responsibility of the employer not to unfairly undermine the employee’s benefits under a contract. This includes not misleading the employees or exploiting them through the contract.
What this basically means is that employers must allow the employee to perform their duties and accomplish their goals with ease. For instance, deliberately creating situations that make employees miss targets or causing obstruction and interference that prevent them from putting their best work forward is deemed to be unfair and a breach of good faith. If you are fired under these circumstances, you have the right to seek legal remedies.
We all know that it is the responsibility of the employers to provide a workplace that is free from sexual harassment. Now, if a situation occurs when the employee has been a victim of sexual harassment, they have the legal right to report.
In this situation, if the employer retaliates by terminating the victim employee, it is termed as illegal. Hence, by filing a lawsuit, employees can protect their rights and receive fair compensation.
If you are wrongfully terminated by your employer for taking family medical leave, you have the full right to file a lawsuit. According to the Federal Medical Leave Act and the California Family Rights Act, an employee has the right to use their acquired sick leave for the diagnosis and treatment of a medical condition. This can be either for themselves or their family member. Now, if you have taken a sick leave for a couple of days and face a termination right after that, you can file a lawsuit for wrongful termination.
An employer can’t terminate an employee for “whistleblowing.” If an employee uncovers the wrongdoing of the organization or a person in senior management, they are termed whistleblowers. This includes reporting a violation of federal law or not following a particular compliance. In such a situation, if the whistleblowing employee is terminated, the action is deemed wrongful, and they have the right to take action.
If an employer fires an individual from the “protected class” due to their personal characteristics, it is termed as illegal termination. Protected class includes a certain race, color, sex, age, disability, religion, marital status, sexual identity, and citizenship status, among many others. If you are discriminated against on these grounds and have been wrongfully terminated, you have the right to fight for your rights.
Being wrongfully terminated can be emotionally stressful. But you can carefully tackle this situation with the right support by your side. If you ever find yourself in one of the situations mentioned above, you must hire a wrongful termination lawyer to fight for your rights.
