2013
When Can I Sue For Wrongful Termination?
There are a number of state and Federal laws in place to protect employees from being terminated wrongfully. These laws show intolerance of employers who look to terminate an employee due to discrimination, retaliation, defamation of character, or a breach of explicit or implied contract. With these laws in place, and so many employees feeling wrongfully let-go, a common question separated employees have is; “When can I sue for wrongful termination?” This is a quick look at each of these illegal reasons to terminate and signs that you may have grounds to sue if you are a victim.
When I can sue for wrongful termination?
Discrimination– Being terminated based on your gender, race, religion, disability or any other discriminatory reasons. This is a very serious offense and is in direct violation of federal and state anti-discriminatory laws.
Example: Your boss fires you because they do not like you or the work you perform. While this is sad, its definitely NOT illegal. Now on the other hand, you may be able to prove your employer does not like you because of one of the reasons protected by discrimination laws.This is ILLEGAL and you can and should sue. Find a wrongful termination lawyer to increase your chances of winning. Also please see How to file a wrongful termination suit for clearer steps in this process.
Retaliation– You may not be terminated by your employer for reporting any illegal actions or operations of the company. This is also known as whistle blowing.
Example: Your boss verbally threatens or harasses you which leads to you reporting them. In retaliation they terminate you.
This is definitely ILLEGAL and you have a legitimate lawsuit.
Defamation of character- A occurrence of your employer specifically defaming you to justify your termination.
Example: If you are falsely accused by your employer of doing something as an excuse to fire you, you have every right to sue for wrongful termination.
Breach of explicit or implied contract- You may not be terminated without justified reasoning before a specific period ends that is stated on your employee contract. Types of people such as, union workers, athletes, actors, upper management, independent contractors and such, fall under these contracts. If the contract includes an “escape clause” indicating that either party may end the work relationship without consequence, then there are no further steps to be taken. Some states consider employers’ policy manuals, handbooks, agreements and similar documentation as binding contracts of continued employment.
Example: A union worker has a signed contract with a specific contracting company and is released from work without any liable reasoning, the employee will have grounds for a lawsuit.
