For most employees, being fired or laid off can be an extremely stressful and emotional experience. However, understanding your legal rights and options is crucial if you believe your termination from employment was wrongful.
If you believe you have been wrongfully terminated, contacting an experienced employment lawyer can help you understand your rights and explore your options. This comprehensive guide examines wrongful termination claims, laws, examples, and how an attorney can assist you.
What is Wrongful Termination?
Wrongful termination, also known as wrongful discharge or wrongful firing, refers to when an employer fires an employee illegally or violates state public policy or employment contract.
The legal definition of wrongful termination is a firing that breaches the terms of an employment agreement or violates employee protections established through laws or a contractual breach. As such, even employees in at-will employment arrangements may have grounds for a claim for wrongful termination if their firing was not handled lawfully.
Under the “employment at will” doctrine, employment is “at will” unless a contract states otherwise. This generally means an employer can fire an employee for any non-discriminatory reason, with or without cause, and an employee can resign anytime. However, there are important exceptions.
A wrongful termination occurs when an employee is fired for an unlawful reason prohibited by anti-discrimination, whistleblower, or labor laws that provide employee protection.
Can an Employer Terminate You Wrongfully?
While an employer may terminate an at-will employee at any time for any reason or no reason, there are restrictions against terminations that violate state or federal laws. An employer can’t fire an employee for reasons considered illegal discrimination, in retaliation for whistleblowing, or breach of contract.
Some examples of unlawful grounds for termination that could constitute a wrongful firing include:
- Discrimination: Firing based on protected characteristics like race, gender, religion, disability.
- Retaliation: Firing an employee for engaging in legally protected activities like filing a complaint for workplace discrimination or harassment, participating in an investigation of unlawful activities, taking permitted leave, asserting labor rights, or declining to commit an illegal act.
- Breach of Contract: Firing an employee contrary to promises made in an employment agreement, employee handbook, or other policies. This includes implied contracts based on verbal assurances of job security.
- Violations of Public Policy: Firing an employee for complying with public duties like jury duty, for reporting regulatory violations to authorities, or refusing orders to commit an illegal act.
- Violations of State/Federal Laws: Firing an employee for reasons that conflict with statutes that protect employees, such as Family Medical and Leave Act provisions against terminating employees for medical reasons, state laws on terminating whistleblowers.
While employees in at-will arrangements can be fired without cause, termination is not legally permitted for any of the above wrongful reasons. Important exceptions to the at-will doctrine provide employee protections against wrongful termination.
Examples of Wrongful Termination
Some examples of potential wrongful termination include:
- Firing an employee shortly after announcing a pregnancy or a severe medical condition requiring leave.
- Terminating an employee after they filed or voiced support for a sexual harassment complaint against their supervisor.
- Firing a worker for refusing to commit perjury on the company’s behalf during a trial.
- Laying off an employee soon after they reported safety or financial violations to OSHA or the SEC.
- Firing a long-time employee shortly after they turned 60 years old.
- Terminating an employee who took leave to serve on jury duty or vote in an election.
- Firing a worker after informing them they would not receive a promotion due to their race, gender, or other protected characteristic.
- Dismissing an employee without warning after relying on promises of continued employment in an employee handbook or discussions with management.
In each case above, the employer fired the employee for potentially illegal reasons, violating anti-discrimination, whistleblower, public policy, or contractual obligations. This may meet the criteria for a wrongful termination claim.
How to File a Wrongful Termination Claim
If you believe your termination was wrongful, unlawful, or in breach of contract, here are important steps to take:
- Consult an employment lawyer – Discuss your termination with a local employment attorney experienced in wrongful firing cases. They can examine the reasons you were given for termination, review any evidence of discrimination or retaliation, and evaluate if you have a case. Most provide free consultations.
- File a Claim – Your lawyer can help you understand laws protecting employees from wrongful discharge and guide you in filing official complaints or lawsuits with the appropriate entities. Claims can be submitted to state agencies, federal EEOC, labor boards, or civil courts.
Deadlines apply, so prompt action is important. For example, in employment discrimination cases, you generally must submit a charge to the EEOC within 180 days of termination.
- Negotiate Settlement or Go to Trial – To avoid a drawn-out lawsuit, many wrongful termination disputes are settled through negotiation or mediation. However, your employment lawyer can take your wrongful termination case to court and advocate for back pay, reinstatement, damages, and more if necessary.
Thoroughly document information related to your termination, including correspondence, contracts, and harassment complaints, and confirm witnesses are willing to give statements. This evidence will bolster your claim. With an attorney’s counsel, you can make the best choices to get the relief you deserve.
What Will You Need To Prove Wrongful Termination Case?
The burden of proof will be on you as the plaintiff to provide sufficient evidence showing your termination was unlawful. Key elements your employment attorney will need to prove include:
- You were fired, laid off, demoted, or constructively discharged in retaliation or as an adverse employment action.
- The reason for your termination was illegal based on discrimination, a statutory violation, a public policy issue, or a breach of contract.
- The illegal reason for firing you is more than a pretext and the primary motivation behind the employer’s decision to terminate you.
- You have suffered damages because of the termination, such as lost wages, benefits, training opportunities, or emotional distress.
- The employer would be liable for those damages based on their wrongful firing violating the law.
Your experienced wrongful termination lawyer will gather documentation and testimony to demonstrate that each aspect above clearly warrants finding in your favor.
How Long Do I Have To File A Wrongful Termination Claim?
Deadlines for submitting a wrongful termination claim vary based on whether you file with state or federal administrative agencies, labor boards, or civil court. Key time limits include:
- Discrimination Charges – Must file a charge with the EEOC within 180 days or with a local agency within 300 days of termination in most states.
- State Whistleblower Laws – Deadlines range from 30 to 180 days, varying by state statute.
- Breach of Contract – Statute of limitations often ranges from 2 to 6 years, depending on jurisdiction.
- State Wage Claims – Usually 1 to 3 years, but some states allow up to 6 years.
Consult an attorney immediately to prepare and submit your complaint before regulatory and court deadlines pass. This ensures your claim is considered eligible for investigation and any subsequent litigation.
When Should I Contact An Employment Attorney For Wrongful Termination?
If your employer fired you for an unlawful reason prohibited by employment laws or contract terms, promptly contacting a local wrongful termination attorney is highly advisable so they can evaluate your situation.
Do not delay consulting an attorney if you were terminated for any of the below reasons:
- Your age, gender, race, religion, disability status, national origin, or other protected class.
- Taking leave permitted by federal or state medical leave laws.
- Refusing to commit an illegal act per the employer’s request.
- Reporting regulatory violations, harassment, discrimination, or other unlawful behavior.
- Participating in an internal complaint or government agency investigation about your employer.
- Threatening to file or filing a complaint for workplace discrimination, harassment, or wage issues.
- Exercising rights covered by employment laws like discussing wages, unionizing, or asserting health and safety concerns.
- Reasons that conflict with verbal or written promises made by management regarding job security, discipline procedures, and employment terms.
An experienced lawyer can evaluate your situation, advise if grounds exist for a wrongful termination suit, guide you in understanding rights and deadlines, and represent your interests in negotiating a settlement or proving your case in court if needed. Protect yourself by contacting qualified legal counsel immediately after any suspicious or wrongful termination.
Frequently Asked Questions:
Q: What does “at-will” employment mean?
A: “At-will” employment is a legal framework that allows employers to terminate an employee for any reason or no reason at all, as long as it does not violate anti-discrimination laws or other legal protections. This means that an employee may be fired without warning or specific cause.
Q: Can I sue for wrongful termination?
A: Yes, you can sue for wrongful termination if you believe you were fired for an illegal reason. By filing a wrongful termination lawsuit, you can seek compensation for lost wages, emotional distress, and other damages caused by the wrongful termination.
Q: What are the grounds for a wrongful termination lawsuit?
A: The grounds for a wrongful termination lawsuit can vary depending on state and federal laws, but common grounds may include being fired for reasons related to discrimination, retaliation, breach of employment contract, whistleblower claims, or illegal actions by the employer.
Q: Can I be fired for reporting harassment or discrimination?
A: No, it is illegal for an employer to fire an employee for reporting harassment or discrimination. State and federal laws protect employees who report such issues, including the whistleblower protections and the retaliation provisions of the Civil Rights Act and other employment statutes.
Key Takeaways
- Wrongful termination means being fired for an illegal discriminatory or retaliatory reason.
- Evidence of discrimination, harassment, or other violations is required to prove wrongful firing claims.
- Compensation can include lost income, emotional distress damages, attorneys fees, and punitive damages.
- An experienced employment lawyer can evaluate your case and advise you on the best course of action if you were terminated illegally.
Facing job loss is difficult. Having experienced counsel by your side can help you pursue justice and compensation if you were wrongfully fired. Let our employment attorneys help you understand your rights and explore your legal options in the future.
