Wrongful Termination
What is Wrongful Termination?
Wrongful termination takes place when an employer violates an employment contract or law when terminating an employee. Wrongful termination often happens because the employer is harassing an employee, is exercising discrimination based on certain characteristics the employee possesses such as color, ethnic identity, age, pregnancy status, gender and disability or in retaliation for an action taken by the employee.
Employment laws are in force to prevent wrongful terminations and if an employee can prove that an employment termination has taken place he or she can request compensation from the employer.
Examples of Wrongful Termination
1. Discrimination
Discrimination based wrongful termination occurs when an employer has fired a person because of a protected characteristic. Applicants for a job, employees and previous employees are protected from employment discrimination including a wrongful termination based on any of the following features:
- race;
- color;
- religion;
- sex which includes pregnancy status, sexual orientation, or gender identity;
- national origin;
- age, which is 40 years or older;
- having a disability;
- based on genetic information, including that found in family medical history.
An employer may have illegally terminated an employee because it doesn’t wish to provide reasonable accommodations for someone who has a protected characteristic so fires the person illegally instead.
2. Retaliation-Based Wrongful Termination
This is when the employer takes action against an employee by wrongfully terminating because he or she has been exerting their legal rights such as demanding equal pay for equal work, reporting discrimination, or participating in a discrimination investigation or lawsuit, or opposing discrimination by threatening to file a discrimination complaint. Retaliation for reporting illegal activities of the employer or whistle blowing is included in this category.
3. Breach of Employment Contract
A wrongful termination has taken place because the employer has violated the contractual terms and conditions drawn up with the employee and have failed to follow proper termination procedures that were written into the contract.
Constructive dismissal is also classified as a wrongful termination because it takes place when an employee’s resignation or retirement may be found not to be voluntary because the employer has gone about creating a hostile or unbearable work environment which forces the employee to quit or resign.
Prohibited Grounds for Wrongful Termination
1. Anti-Discrimination Laws and Protected Characteristics
Title VII and Title II of the Civil Rights Act of 1964 prohibits discrimination such as termination against employees and applicants based on race, color, sex (including pregnancy, sexual orientation and gender identity), national origin, and religion.
Title VII and other federal discrimination laws also help to protect employees from retaliation when a complaint has been filed about employer discrimination, the actual filing a charge against the employer, or helping in a discrimination investigation. It is illegal to harass an employee who has any of these protected characteristics or to retaliate against an employee by wrongfully terminated because he or she did the following:
- complained about discrimination;
- filed a charge of discrimination;
- participated in an investigation or lawsuit concerning an act of employment discrimination.
Most employers with at least 15 employees are covered by this federal law, as are the majority of labor unions and employment agencies.
2. Age Discrimination in Employment Act (“ADEA”)
The ADEA prohibits employment discrimination against people 40 years of age and older. This includes wrongful termination.
3. Americans with Disabilities Act (“ADA”)
This is a federal law which prohibits discrimination against employees, applicants for employment, and guests who have a disability that requires some reasonable accommodation due to the disability.
4. Equal Pay Act (“EPA”)
This is an amendment to the Fair Labor Standards Act that makes it illegal to pay different wages to employees of different sexes who perform equal work under similar conditions.
5. Pregnancy Discrimination Act (“PDA”)
The PDA is an amendment to Title VII that prohibits discrimination against an employee because of pregnancy which includes being wrongfully terminated.
6. Genetic Information Non-Discrimination Act (“GINA”)
This prohibits employers from discriminating against employees because of an employee’s “genetic information.” The law also prohibits employers from requesting, requiring or purchasing genetic information about an employee and cannot terminate an employee based on genetic information.
7. Violation of Labor and Employment Regulations
To make a claim for wrongful termination based on public policy is when an employee has been terminated for exercising a legal right, refusing to do something illegal, or reporting illegal conduct at work. For example, California states that terminating an employee for reporting a business’s practice of employing undocumented workers is a violation of the Immigration Reform and Control Act (IRCA) and any employee who is wrongfully terminated is a violation of public policy.
Legal Remedies for Wrongful Termination
If an employee has been able to prove wrongful termination based on federal laws there are some legal remedies available. These could include the following:
- reinstatement of employment;
- monetary compensation;
- back pay and lost wages;
- compensation for emotional distress and damages;
- injunctive relief is a remedy which stops a party from taking part in certain acts or requires a party to act in a particular way such as wrongfully terminating an employee
How to Respond to Wrongful Termination
You should follow the internal grievance procedures first which means asking your employer, in writing, to explain why you were terminated. The letter should be respectful and ask for the reason or reasons for your termination dismissal. This could include requesting documentation that supports your employer's claim that you were terminated for a valid reason.
Filing Complaints for Wrongful Termination
If you have the evidence to prove you have been wrongfully terminated, you must submit evidence that demonstrates your employer violated one or more provisions of state and/or federal law. For example, if you lost your job because of discrimination, you must collect evidence that proves your employer violated Title VII of the Civil Rights Act of 1964. The evidence to include when filing a complaint with the Equal Employment Opportunity Commission (EEOC) may include the following:
- emails;
- text messages;
- photographs;
- video images;
- results of performance reviews;
- evidence of employment like pay stubs and employment contract;
- workplace terms and conditions;
- evidence of lost wages because of the termination;
- any other evidence to support the wrongful termination claim such as correspondence between the employee and management, witness statements, recordings of comments made by supervisors or managers.
Mediation and alternative dispute resolution methods (ADR) are often suggested by the EEOC. This includes:
- negotiation when parties resolve a conflict directly such as a wrongful termination without facilitation;
- mediation when a neutral 3rd party guides the plaintiff and defendant through a mutually agreed resolution to the wrongful termination;
- arbitration is when a formal arbitrator makes a final decision on the wrongful termination claim.
Time Limits for Filing Complaints or Legal Actions
Any employee who has the evidence to prove that they were wrongfully terminated is given 3 years from the date of the wrongful termination to file a claim. This statute of limitations is applicable to most states. This is why it is important for timely action when addressing wrongful termination.
Role of Employment Attorneys in Assessing Rights and Pursuing Legal Remedies
With their great understanding of employment laws, an employment lawyer has the capacity to inform employees about their workplace legal rights. They are able to explain the laws and statutes relevant to situations in the workplace, such as discrimination, harassment, wage and hour issues, wrongful termination, and much more.
An employment lawyer can empower an employee to make an informed decision about their legal rights when wrongfully terminated and the best course of action to follow. Also an employment attorney is able to quickly interpret employment contracts, policies, and legal documents so that they highlight any potential violation or breach of employment law and advise an employee on the most suitable steps to take.
The attorney may help to ensure that the employer compensates the employee for wrongful termination like paying back pay and any wages lost and paying legal fees as well.
During a case evaluation, employment lawyers review the relevant facts, documentation, and evidence provided by the employees. They assess the legal grounds for the claims, such as violations of anti-discrimination laws, breaches of employment contracts, or retaliation for engaging in protected activities. Employment lawyers also consider the strength of the evidence, the credibility of witnesses, and any potential legal defenses that the employer may assert when trying to refute the employee's claim of wrongful termination.
In addition to evaluating an employees' claim, an employment attorney also provides help on alternative dispute resolution methods. It suggests certain options such as negotiation, mediation, or arbitration as alternatives to pursuing the wrongful termination claim in court.
Work with a Wrongful Termination Lawyer
It is never easy winning a wrongful termination claim but seeking help from a wrongful termination lawyer offers a higher chance of winning the claim than trying to win on your own. Fill out the Free Case Evaluation to get connected with an independent employment law attorney who subscribes to the website and may be able to help with your case.
