What Is Wrongful Termination

What Is Wrongful Termination? What To Do Against Wrongful Termination?

Employment 5 Mins Read August 9, 2023 Posted by Soumava Goswami

Have you been wrongfully terminated? ? A wrongful termination is a situation where an employer fires an employee in an illegal manner. Here, the employer is basically violating the law and the employment contract while firing the employee. There can be many reasons for an employee?s wrongful termination from the job. Learning about it can help you stay protected or fight against it if you have suffered.

In this article, you will learn about wrongful termination or unlawful termination. Apart from that, we will also discuss the various factors that can lead to wrongful termination of an employee. In addition to this, we will also focus on what you can do if you have faced unlawful termination recently. Hence, to find out more, read on through to the end of the article.

What Is Wrongful Termination?

What Is Wrongful Termination

A wrongful termination happens when an employer dismisses or discharges an employee by violating state or federal laws or the employment contract. If your employer fires you for an illegal reason in an illegal manner, you can claim a wrongful termination lawsuit against the employer in a court of law.

According to Indeed.com,

?While most states recognize at-will employment, which means both the employer and employee can end their professional relationship at any time, firing an employee for certain reasons might meet the legal definition of wrongful termination. If an employee proves wrongful termination, their employer might experience legal or financial consequences.?

If you feel that your involuntary dismissal by your employer is a violation of the law or the employment contract, you can file a lawsuit claiming wrongful termination against the employer. With the help of the lawsuit, you are bringing an action against your former organization and seeking justice and compensation for unfair treatment and termination.

If you, as an employee, prevail in the lawsuit, then you will get compensation for the wrongful termination, which includes monetary damages for a variety of damages. Some of them are compensation for lost wages, expenses, cost of job hunting, and more.

Furthermore, you can also ask to have your job restored in the same organization and can claim a comparable position. In addition to that, based on what you have claimed against the employer, the employer is liable to face statutory penalties.

Bases Of Wrongful Termination ? A Few Examples

Bases Of Wrongful Termination ? A Few Examples

The following are some of the major bases or types of unfair termination of employment that an employee can face from an employer organization:

Discrimination

In this case, the employer or people in the organization discriminates against the employee on the basis of age, race, gender, religion, sexual preference, disability, or genetic information.

Violation Of Contract Or Law

The employer and the employee sign an employment contract at the start of the employment. If the employer terminates the employee by violating the employment contract, then it is unlawful. Furthermore, there are certain laws that are applicable to all employees. Violation of such laws is also liable to penalty.

Medical History

According to Investopedia,

?Under the Genetic Information Nondiscrimination Act (GINA), employers may not use genetic information in dealing with employees, or when making employment decisions, including hiring and firing.? In this case, you can file a lawsuit too.

Influencing To Quit

This is a type of constructive dismissal where the employer creates an environment where the employee gets influenced to quit. This also involves changing employment terms without notifying the employee.

Due To Retaliation

If an employee retaliates against certain illegal practices or behavior in the organization, and the employer terminates the employee for retaliation or whistleblowing, then it is a violation of the law. Hence, it is a punishable offense.

Have You Been Wrongfully Fired? ? Here?s What You Can Do

Have You Been Wrongfully Fired_ ? Here?s What You Can Do

If you have been wrongfully fired, that is, if you have faced wrongful termination, you can file a wrongful termination claim in a court of law. According to Investopedia,

?Wrongful termination claims involve an alleged violation of federal or state antidiscrimination laws, oral and written employment agreements/contracts, or labor laws, including collective bargaining laws or whistleblower laws.?

If you feel that your termination was a form of sexual harassment, or if it has been because of your complaint against the employer, you can also claim wrongful termination. Here are some of the things you can do if you have really faced wrongful termination:

1. Did You Face Discrimination?

If you feel that you faced wrongful termination because you were discriminated against, you can file a report with EEOC. This body looks after equal employment opportunity provisions for every individual.

2. Termination Due To Whistleblowing Or Retaliation

There can be some employers who might have fired you since you have retaliated against unsafe or illegal work practices or because of whistleblowing. In such cases, you will get various protections from the government. You will need to report your termination case to the Occupational Safety and Health Administration (OSHA) website.

You can complain to the state?s legal department in case you have faced wrongful termination since you exercised the rights that your state?s labor law provides you. On the other hand, if you have exercised your right to leave or related to overtime and wages, you can lodge your complaint on the website of the Department of Labor.

One of the things that you will need to consider here is that you will need to consult all your problems related to your termination with a legal counselor. A legal counselor will make you properly aware of the law and will help you fight against your wrongful termination.

Wrapping Up

If your employer has fired you by violating state or federal laws, or if the termination has violated the employment contract, you can claim a wrongful termination suit against the employer in court. Some of the major types of wrongful termination claims include discrimination, retaliation, medical history, whistleblowing, etc.

If the employee rightfully claims wrongful termination, then the employer is compelled to restore employment or provide monetary damages. Do you have any more information about what one must do in cases of unlawful termination? Share your views with us in the comments section below.

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A passionate writer and an avid reader, Soumava is academically inclined and loves writing on topics requiring deep research. Having 3+ years of experience, Soumava also loves writing blogs in other domains, including digital marketing, business, technology, travel, and sports.

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