Understanding what constitutes wrongful termination can be a complicated process but a crucial one for employees who may have been victims of wrongful termination. Wrongful termination occurs when an employee is fired in a manner that violates federal, state, or local laws, or when an employee is terminated in breach of their employment contract. Being able to recognize wrongful termination can help victims pursue justice and compensation when their rights are violated. To discuss your situation and determine if you have been wrongfully terminated, contact a wrongful termination lawyer today.
Discrimination-Based Termination
One of the most recognizable forms of wrongful termination is discrimination. Federal and state laws prohibit employers from firing employees based on race, color, religion, sex, national origin, age, disability, or genetic information. For example, if an employee is performing their job satisfactorily but is terminated after disclosing their pregnancy, this could be considered wrongful termination due to gender discrimination. Termination due to any kind of discrimination is very serious, and victims are entitled to justice and compensation. If you have been the victim of discrimination-based termination, contact a lawyer today.
Retaliation For Reporting Violations
Employees have the right to report illegal activities or violations of workplace safety without fear of retaliation. If an employee is terminated for reporting discrimination, harassment, unsafe working conditions, or any other illegal activities, this is considered retaliatory termination. For instance, if a worker reports a safety hazard to OSHA and is subsequently fired, this would be a clear case of wrongful termination.
Violation Of Public Policy
Employers cannot terminate employees for reasons that violate public policy. This includes firing an employee for exercising their legal rights, such as voting, serving on a jury, or taking family or medical leave. If an employee is fired for taking time off to serve on a jury, this would constitute wrongful termination.
Breach Of Employment Contract
As attorneys such as our friends at Hoyer Law Group, PLLC can attest, when an employee has an employment contract, either written or implied, that outlines specific terms and conditions of their employment, any termination that violates these terms can be considered wrongful. For instance, if an employment contract states that an employee can only be fired for cause, and the employer terminates the employee without providing a valid reason, this could be a breach of contract and thus wrongful termination.
Constructive Discharge
Constructive discharge occurs when an employer creates intolerable working conditions that force an employee to resign. While the employee technically leaves voluntarily, the resignation is considered involuntary because the working conditions were unbearable. For example, if an employer drastically reduces an employee’s hours or pay without justification, or if the workplace becomes hostile due to harassment, the employee may have grounds for a wrongful termination claim. Proving constructive discharge can be difficult, but with the assistance of an experienced lawyer, victims can receive the support that they deserve.
Contact A Lawyer Today
Understanding the various examples of wrongful termination is essential for victims seeking to protect their rights and fight back against discrimination. If you believe you have been wrongfully terminated, consulting with an experienced lawyer can provide the guidance and support needed to navigate your claim.