What does the law consider a Wrongful Termination?

Wrongful termination refers to a situation where an employee's dismissal from a job violates the law or breaches the terms of an employment agreement. Several conditions can constitute wrongful termination:

Violation of Anti-Discrimination Laws: Terminating an employee based on race, color, religion, sex, national origin, age (40 or older), disability, or genetic information is illegal under federal laws such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Many states have additional protections.

Retaliation: It is unlawful to fire an employee as a form of retaliation for engaging in legally protected activities. This includes filing a complaint about workplace discrimination, participating in an investigation, or whistleblowing.

Violation of Employment Contracts: If there is a written or implied employment contract that outlines the conditions under which an employee can be terminated, dismissing the employee in violation of these terms constitutes wrongful termination.

Violation of Public Policy: Terminating an employee for reasons that violate public policy is considered wrongful. Examples include firing an employee for:

• Refusing to engage in illegal activities.
• Exercising a legal right (e.g., voting, taking family leave under the Family and Medical Leave Act).
• Reporting illegal conduct or unsafe working conditions.

Constructive Discharge: This occurs when an employer creates a work environment so intolerable that a reasonable person would feel compelled to resign. If the resignation is effectively forced, it may be treated as a wrongful termination.

Violation of Good Faith and Fair Dealing: Some states recognize the implied covenant of good faith and fair dealing in employment relationships. This means that employers must act in good faith and deal fairly with employees, not terminating them out of malice or bad faith.

Each state may have additional protections and laws regarding wrongful termination, so it's important for employees and employers to be aware of the specific laws applicable in their state. Legal counsel can provide guidance on whether a particular termination may be considered wrongful under the law. Contact The Justice Law Firm, LLC for a FREE consultation.