The practice of employment law involves protecting employees from the illegal actions taken by an employer. One of the most common types of employment law concerns wrongful termination. The legal principle of wrongful termination is based on an employer violating a state and/or federal law that prohibits certain types of termination.
Most states have passed at-will employment statutes, which means employers and employees enjoy an arrangement that allows either party to end the employment relationship at any time, for almost any reason. However, when an employer breaks the law, at-will employment no longer carries any legal weight
Wrongful Termination Examples
The answer to the question, “What is wrongful termination” often starts with a discussion about the types of wrongful termination.
Wrongful Termination Based on Discrimination
According to Title VII of the Civil Rights Act of 1964, your employer cannot discriminate against you based on several factors, including race, gender, and national origin. If your employer fired you because of one or more of the factors covered by Title VII, you might have a strong enough case to file a wrongful termination complaint.
Proving you are the victim of discrimination in the workplace that led to your dismissal requires the submission of persuasive physical evidence, as well as the statements made by witnesses. The Equal Employment Opportunity Commission (EEOC) processes employment discrimination complaints.
Wrongful Termination Based on Retaliation
It is against federal law for your employer to fire you as an act of retaliation. For example, a construction company employee that reports one or more workplace safety violations to the Occupational Safety and Health Administration (OSHA) cannot be terminated because of filing the report. Some states have enacted whistleblower protection laws that are stricter than the whistleblower laws passed at the federal level.
Wrongful Termination Based on a Workers’ Compensation Claim
Workers’ compensation covers every employee working in each of the 50 states. Employers buy insurance that covers the costs associated with a workplace accident. If you sustained one or more injuries while at work, you have the right to file a workers’ comp claim to receive compensation.
Your employer cannot retaliate against you for filing a workers’ compensation claim. The reason why an employer might fire an employee for filing a workers’ compensation claim is that an approved claim increases the cost of purchasing a workers’ comp policy.
Wrongful Termination Based on Illegal Coercion
Your employer cannot demand that you commit an unlawful act, nor can your employer terminate you for refusing to participate in an illegal act. Whether your employer demands that you violate a workplace safety law or cook the books to pay less in federal business taxes, you have the right to refuse and not have to worry about losing your job.
To demonstrate your employer fired you because you refused to commit a crime, you need to submit documents that prove your employer made the demand.
Get Help
Because of the legal principle called at-will employment, proving your employer committed an act of wrongful termination can be difficult to do. However, scheduling an employment attorney can help you gather and organize the evidence you need to file a wrongful termination lawsuit. Fill out the Free Case Evaluation on this page today to get connected with an independent, participating attorney who subscribes to the website.
