What Is Wrongful Termination?
Do you feel like you lost a job wrongfully? An employment attorney or wrongful termination lawyer can help. Wrongful termination is a legal phrase that refers to an employee who has been fired from their job in violation of their legal rights.
In order for the employee’s termination to be considered illegal they must be able to prove that the employer breached one or more terms of the employment contract or violated an employment law (e.g. discrimination). You may require the help of a wrongful termination lawyer to prove your claim in a court of law.
Examples of Wrongful Termination include:
- Termination due to federal and/or state discrimination laws
- Termination due to violations of labor laws
- Termination that violates public policy
- Termination due to sexual harassment
- Termination in violation of an employment contract (oral or written)
- Termination as a result of an employee filing a claim or complaint against the employer
The penalties for each violation will differ based on which wrongful termination laws are violated.
If an employer is convicted of wrongful termination they may face possible jail time and/or be forced to pay lost wages, punitive damages, and other expenses to their former employee(s). Contact a wrongful termination attorney or employment lawyer to pursue legal action.
Just because an employee’s discharge may seem unfair does not make it illegal.
Speaking with an experienced wrongful termination attorney or employment lawyer can help you determine if you have a strong legal claim and what your options are for filing a wrongful termination lawsuit.
What is “at will” employment?
Most companies today practice at will employment which allows the employer to “discharge individuals for good cause, or bad cause, or no cause at all” and likewise allows employees to “quit, strike, or otherwise cease work” without either party being held liable to the other.
At will employment does not apply to:
- Employment contracts that define a set length of time
- Employees that belong to unions (or other collective bargaining units)
- Employees terminated in violation of the rights mentioned above
Individual companies may or may not have their own guidelines for at will employment. If they do, it is not uncommon for employers to request that employees acknowledge these policies by signing a contract or employee agreement after the policies are explained to them and/or provided in writing. If you are unsure if the job you were fired from is categorized as at will, a
wrongful termination attorney or employment lawyer should be able to help you understand your situation better.
Other exceptions to at will termination include:
- Breach of Contract
- Breach of Implied Contract
- Breach of Covenant of Good Faith and Fair Dealings
If you think you may have been wrongfully terminated in violation of your employee rights, let whocanisue.com help you connect to an experienced employment lawyer or wrongful termination attorney who can explain your legal rights.