What Is Wrongful Termination?
Wrongful termination occurs when an employee is separated from their employment for illegal reasons or if dismissing the employee violates company policy or a contract of employment. Wrongful termination laws vary from state to state.
In most states, unless there is a contract or bargaining agreement, at-will employment is the norm, meaning that neither the employer nor the employee needs a reason if they wish to terminate the relationship.
An employee can be considered to have been wrongfully terminated if discrimination is involved in the termination, if public policy is violated, or if the company policy states guidelines for termination and those guidelines were not followed.
Other causes that could be interpreted as wrongful termination include being fired for being a whistleblower, complaining about workplace concerns, or not being willing to commit an illegal act when asked to by an employer.
Discrimination can be deemed wrongful termination if an employee has been fired based on their race, color, sex, nationality, religion, sexual orientation, age, or gender.
How to Handle a Wrongful Termination
When an employee is dismissed from employment, both the employer and the employee benefit from the employee knowing their rights. For example, an employee has rights granted within an employment contract as well as rights preserved by state and federal law. An employer is not obliged to give the employee a reason for termination, but often providing an explanation assists with a cleaner separation with both sides on the same page, and on better terms than would be otherwise.
Employees can also check with their employer’s human resources department. Even though employment has been terminated, human resources will be able to answer questions about the termination process and what benefits are available. Sometimes an employee is able to appeal the decision, especially if cause exists that the employee has been discriminated against or hasn’t been treated according to the law or company policy. The U.S. Department of Labor has information on each law that regulates employment and advice on compliance and associated remedies for both the employer and the employee. If union activities are involved, the National Labor Relations Board may also be able to help.
Next Steps
When facing a situation involving wrongful termination, Fernee Kelly Law can help. To discuss each situation’s unique circumstances, please contact us to set up a consultation.