It might be difficult to prove wrongful termination because it can happen at any moment throughout an employee’s employment and for any acceptable reason. However, various exclusions protect employees, such as firing or discriminating against an employee because of their age, marital status, pregnancy, national origin, gender, race, color, or religion. It’s critical to comprehend what state and federal law considers unjust termination and what isn’t.

Employers may face legal or financial repercussions if an employee successfully argues that their dismissal was unlawful. Following are a few instances of terminations that may fall under the legal clause of wrongful termination:

Harassment

Source: eqs.com

An unpleasant workplace is a breeding ground for harassment. Workplace harassment may include disparaging or offensive remarks regarding a person’s gender, race, religion, age, ability, or sexual orientation. Other examples of harassment include unwanted sexual advances or reprisals for refused advances. This phrase also describes remarks and deeds that foster a toxic workplace atmosphere.

While harassment frequently involves discrimination, not all harassment involves discrimination. For instance, even if a boss doesn’t use discriminatory language, verbally abusing an employee and then firing them for complaining to human resources (HR) may constitute wrongful termination. In such a case, it is best to involve an employment lawyer from the Shapiro Law Group, PC, to help you navigate the case and uphold your rights.

Default on a contract

A corporation commits a breach of contract when it disobeys a written agreement or behaves in opposition to the employee handbook. For instance, if an employer sacks an employee after verbally warning them, even if the employee handbook specifies that a written warning should come next, that would constitute a breach of contract. This phrase also refers to breaking the terms of a specific employment agreement. For instance, if a worker’s contract specifies that they may work remotely, their employer cannot fire them for selecting this option without going against the terms of the agreement.

Retaliation

Source: etactics.com

Retaliation happens when a company fires a worker for collaborating with an inquiry, reporting unlawful activity or discrimination, or asserting legal rights. Retaliation could take the form of a worker losing their job after complaining to HR about the working conditions in their department. This kind of unlawful termination frequently occurs with others, such as harassment or discrimination.

Constructive dismissal

A constructive dismissal, or a constructive discharge, occurs when a manager modifies a work environment to trigger a worker to leave. It might also entail abruptly altering the terms of employment. A pay reduction without a justifiable reason or a demotion could be examples of constructive dismissal. Modifying the place of work without giving adequate notice may also constitute constructive dismissal. Constructive dismissal might also occur if management lowers an employee’s wages in an effort to trigger them to quit, although they have fulfilled their contractual obligations.

Discrimination

Source: shrm.org

Discrimination is the intentional firing or harassment of someone based on their age, gender, color, ability, religion, sexual orientation, or genetic information. Discrimination in the workplace can take the form of behaviors as well as verbal and written discriminatory acts. Management might be liable for wrongful termination, for instance, if they maltreat a particular employee because of their age before terminating their employment. Communications between staff members and managers via email, text, or chat applications may also constitute discriminatory practices.

Whistleblowing

Employees who disclose illegal workplace behavior are known as whistleblowers. These workers are shielded from retaliatory disciplinary action and harassment by state and federal laws. When an employee alerts authorities to discriminatory practices or provides proof of wrongdoing by the organization, this is an example of whistleblowing. A wrongful termination case can occur if an employee loses employment after reporting these actions.

Committing offenses

Employees may be forced by their employers to engage in illegal action on their own or with others. An example is when a company asks workers to participate in dubious accounting procedures like changing ledgers. Retaliatory discharge of an employee who declines to participate in these activities could constitute wrongful termination.

Public policy violation

Source: findlaw.com

When an employee is fired in violation of publicly mandated laws, such as the federal Family and Medical Leave Act (FMLA), this is known as a public policy infraction. These laws guarantee a safe working environment and uphold the rights of employees. An illustration of this infraction is when an employer fires a worker on parental leave.

Violation of wages and working hours

Employers must abide by several state and federal laws while managing their employees’ salaries and working hours. It is against the law for employers to fire workers for exercising their legal rights. Federal law, for instance, mandates employers pay employees overtime if they work more than 40 hours a week. It is unacceptable to fire an employee for requesting due overtime pay.

How to handle an unjust dismissal

Federal and state laws may offer wrongful termination protection to employees. Additionally, distinct businesses could have their own termination rules. Employees who think their dismissal was unjustified have several legal alternatives, including seeking an employment lawyer’s help. If your firing was unjustified, a skilled employment attorney can establish if you have a solid legal foundation to base a claim on.

Additionally, you can follow these steps:

• Recognize the rules. See state or federal laws for further information on identifying wrongful termination in your location.
• Discover the cause of your termination. To be sure that discrimination wasn’t the cause of your termination, you can also request further information about it.
• Look over your contract. In case there is a violation, such as a pay, hourly overtime, or commission dispute, it is advisable to be aware of the provisions of your employment agreement.
• Request clarification. If you believe you were wrongfully terminated, an employment lawyer, union, or labor department can advise you on how to proceed.

The takeaway

Source: worklawyers.com

Even if their employment is regarded at-will, a worker can make a wrongful termination claim if the employer’s reasons for terminating them were illegal. An employment lawyer can help you comprehend and navigate this area of law.