Losing a job can be a devastating experience, especially when it happens under unfair circumstances. While most employment in the United States is “at-will,” meaning employers can generally terminate employees for any reason (or no reason at all), there are important exceptions. If you believe your termination was unjust or illegal, you may have a case for wrongful termination. Understanding what constitutes wrongful termination and what actions you can take if it happens to you can help protect your rights.
In this article, we will explore what wrongful termination is, the legal protections in place for employees, and how to determine whether you may have a valid case.
What is Wrongful Termination?
Wrongful termination occurs when an employee is fired or laid off for reasons that violate federal, state, or local laws or breaches an employment contract. While an employer has the right to fire an employee for performance issues or company needs, it is illegal to terminate someone for certain discriminatory reasons or in violation of an employment agreement.
Even in at-will employment, where either party can end the employment relationship at any time, wrongful termination can still occur if the employer violates a legal exception or the terms of the agreement.
Common Causes of Wrongful Termination
Wrongful termination can arise from a variety of situations, including:
1. Discrimination
Under U.S. law, it is illegal for an employer to terminate an employee based on protected characteristics, such as:
- Race
- Color
- Gender or Sex
- Age (if 40 or older, protected under the Age Discrimination in Employment Act)
- Disability (protected under the Americans with Disabilities Act)
- Religion
- National origin
- Pregnancy
If your termination was motivated by any of these factors, you may have a case for wrongful termination.
2. Retaliation
Employers are prohibited from firing employees as retaliation for engaging in certain protected activities. Examples of retaliation include:
- Reporting discrimination or harassment (whistleblowing).
- Filing a workers’ compensation claim.
- Taking leave under the Family and Medical Leave Act (FMLA).
- Participating in union activities or organizing.
- Refusing to participate in illegal activities (e.g., breaking the law or violating company policy).
If you believe you were fired for engaging in any of these protected actions, you could have a case for retaliation-based wrongful termination.
3. Violation of Employment Contract
If you have an employment contract (written or implied) that specifies the conditions under which you can be terminated, firing you outside of those conditions can be considered wrongful termination. For example:
- Breach of an explicit contract: If your contract states that you can only be terminated for cause (e.g., poor performance, misconduct), and you were let go without such justification, it may be wrongful termination.
- Implied contract: Even if you don’t have a formal written contract, there could be an implied contract based on the employer’s actions, company policies, or practices. If your employer gave you the impression that you would not be fired without just cause, firing you arbitrarily may be wrongful.
4. Violation of Public Policy
In some cases, firing an employee for reasons that go against public policy can lead to a wrongful termination claim. Examples include:
- Firing an employee for serving on a jury.
- Firing an employee for taking time off to vote.
- Terminating an employee for refusing to break the law (e.g., asking them to commit fraud or engage in illegal activities).
If your termination violated a clear public policy, you may have a valid claim.
5. Constructive Discharge
Constructive discharge occurs when an employer creates an unbearable work environment that forces an employee to resign. This could include harassment, unsafe working conditions, or a drastic reduction in job responsibilities. While this technically involves resignation rather than firing, it can still be considered wrongful termination if the employee felt they had no choice but to leave.
Do You Have a Case for Wrongful Termination?
If you suspect your termination was wrongful, it’s important to evaluate whether it falls under one of the categories of illegal terminations. Here are some key steps to help determine if you have a valid claim:
1. Review the Reason for Termination
Ask your employer for a clear explanation of why you were fired. Was it related to job performance, or could it have been based on discriminatory factors? A legitimate, documented reason for termination (e.g., a violation of company policy or failure to meet performance standards) is typically not considered wrongful. However, if the reason is vague, inconsistent, or seems to be based on a protected characteristic, it may warrant further investigation.
2. Document Everything
Keep detailed records of your employment history, including performance reviews, emails, or other communications that show your job performance, any complaints or grievances you made, and interactions with your employer. This documentation can help support your claim if you decide to take legal action.
3. Check for Discriminatory Behavior or Retaliation
Were there signs of discrimination or retaliation leading up to your termination? For example, were you treated unfairly compared to other employees of a different race, gender, or age? Did your employer know about a report you made regarding harassment or discrimination? If the termination coincides with any of these factors, it could strengthen your case.
4. Review Your Employment Contract and Company Policies
If you have an employment contract, review it to ensure that your firing complies with the terms outlined. Also, review any employee handbook or policies provided by your employer, as they may contain provisions about how you can be terminated and under what circumstances.
What to Do if You Believe You Were Wrongfully Terminated
If you believe your termination was wrongful, there are several steps you should take:
1. Speak to Your Employer
Before pursuing legal action, consider addressing the issue with your employer or HR department. There may have been a misunderstanding or an opportunity to resolve the issue amicably.
2. File a Complaint with the EEOC or State Agency
If you believe your termination involved discrimination, retaliation, or other violations of your rights, you can file a charge with the Equal Employment Opportunity Commission (EEOC) or your state’s labor board. This must be done within 180 days (or 300 days if there is a state or local law) of the termination. The EEOC will investigate your claim and, if warranted, attempt to mediate a resolution. If they cannot resolve the issue, they may give you a “right to sue” letter, which allows you to file a lawsuit.
3. Consult with an Employment Attorney
If you are unsure about whether you have a valid wrongful termination case, it’s wise to consult with an attorney who specializes in employment law. An attorney can review the details of your case, explain your legal rights, and help you decide the best course of action.
4. Consider Alternative Dispute Resolution
In some cases, wrongful termination disputes can be resolved through arbitration or mediation, rather than going to court. These methods can be quicker and less expensive, and may lead to a resolution without a lengthy trial.
Conclusion: Protecting Your Employment Rights
Wrongful termination can have serious financial and emotional consequences. If you believe you’ve been unfairly fired, it’s important to understand your rights and take action. Whether your termination involved discrimination, retaliation, breach of contract, or violation of public policy, you may have legal recourse to seek compensation or even reinstatement.
By documenting the details of your termination, seeking professional legal advice, and filing the appropriate claims, you can stand up for your rights and hold employers accountable for unlawful practices.