“Wrongful Termination” may be a term that generally refers to an individual being fired once they shouldn’t are . Other similar terms include wrongful dismissal and wrongful discharge and that they generally ask an equivalent issue as wrongful termination. It can be a very misleading phrase. Many terminations that folks consider as “wrongful” aren’t illegal. Just because an employee thinks that they need been wrongfully terminated doesn’t suggest that an employer has violated any laws. So how do you know if you may have a wrongful termination lawsuit? To be honest, the law is complicated and it can be hard to sift through the myriad of wrongful termination laws at the federal, state and local levels. Sometimes these laws may even seem contradictory. The best thing to do is to contact a qualified wrongful termination attorney who can listen to the facts of your situation and help you assess whether or not you have a case.
In California and most other states, employment is “at will”. This means that the employer can fire the worker for no reason or any reason. Most employees are surprised to learn this, but “at will” employment gives employers the freedom to fire the employees that they feel are no longer performing, or if due to economic reasons they need to cut headcount. If you think about it, we as consumers have the right to choose which products we purchase or return, and in a way, that is the same for employers for “at will” employment. But this rule does not apply in all circumstances. Employers aren’t allowed to violate employment laws, and thus they can’t fire an employee if it’s discrimination or if it violates a contract.
There are a couple of exceptions to the present general rule:
Employers cannot discriminate against employees are the idea aged , race, sex, national origin, disability, and a spread of other reasons. Employers cannot discriminate against an employee because he or she has “whistle blown” which is reporting criminality of the employer. They also cannot discriminate against an employee for engaging in other protected activities, like filing workers’ compensation claims.
If an employer fires an employee due to one among these factors, that’s against the law, and therefore the employee can sue.
If any employee features a contract with the employer, the worker probably can’t be fired without just cause. Contracts are often written or implied (See section on Breach of Contract). A common way for an employee to possess a written contract is to be during a union.
Other than these exceptions and a couple of rare others, employers can fire employees for any reason, even because they only do not like the worker .
What is Wrongful Termination?
If the employer fires an employee because of race or another illegal reason, that is “wrongful termination”. Different situations may or may not constitute wrongful termination. For example, an employer may not fire an employee because he or she refuses to commit an illegal act. This situation would constitute wrongful termination as it is illegal for an employer to force an employee to break the law. It may state within the company official policy or an employee handbook that certain steps must be taken so as to fireside an employee. If these steps aren’t followed, then an employee may have a legitimate claim that they were wrongfully fired. In this no case can an employer fire an employee who is covered by discrimination laws. Generally these laws include protecting employees from being fired due to their race, religion, nationality and in some states age and sexual orientation. Also, it is illegal for an employer to fire an employee in retaliation for that employee filing a charge of discrimination. Either discrimination or retaliation for an employee claiming retaliation would constitute wrongful termination.
If the employer fires the employee in violation of a contract, that is not, in legal terms, “wrongful termination.” It is “breach of contract.”
If the employer fires the employee in violation of a contract, that is not, in legal terms,”wrongful termination.” It is “breach of contract”.