Although many individuals fired from their jobs feel their termination was wrongful, the legal definition of wrongful termination is quite specific. Wrongful discharge requires that your employer fire you for an illegal reason. This could involve a violation of federal anti-discrimination laws or a contractual breach.
For instance, a company cannot fire an employee because of race, gender, ethnic background, religion, or disability. It is also illegal to fire someone because they lodged a complaint against their employer or acted as a whistleblower.
Such adverse actions are retaliation and are unlawful. This section explains the meaning of at-will employment and also describes how to determine if you have an implied employment contract. In addition, this article discusses the elements of wrongful termination and how to file a claim against your employer.
At-Will Employment
Every state but Montana has at-will employment. This means two things. First, your employer can fire you at any time, for any or no reason. Second, you can quit your job anytime and for any reason.
An exception to this rule is that your employer cannot fire you for an illegal reason. For instance, it's illegal to terminate someone out of discrimination or retaliation. Another exception is firing someone who has a valid employment contract.
If your employment lawyer can prove that your employer fired you out of racial intolerance or a culture of sexism, you can file a wrongful termination case.
Do You Have an Employment Contract?
One of the first things your labor law attorney will ask is whether you signed a contract with your employer. The agreement must outline your duties, responsibilities, and benefits of employment. If this is the case, your employer must honor the contract terms.
A written contract that suggests job security could mean the job is not at will. For example, if your agreement has a start and end date, you can claim a breach of contract if you lose your job before the end date.
Likewise, if the contract states that the company may only fire you if you fail to meet specific benchmarks, you cannot be let go for any other reason.
If you don't have a written employment contract, your employer may still have certain obligations created through verbal promises.
Discrimination and Job Loss
Many wrongful termination lawsuits involve discrimination based on race, color, national origin, sex, religion, disability, pregnancy, or age. Federal and state laws protect employees who fall into these protected classes. Some of these laws include protection for sexual orientation and gender identity.
In California, if a company fires an employee for being transgender, the employer can file an employment discrimination case. This is because California law protects LGBTQ+ workers.
If your employment law attorney can demonstrate that your employer fired you for discriminatory reasons, you should file a complaint with the federal Equal Employment Opportunity Commission (EEOC). You must file your claim against your former employer within the time limit.
Retaliation
An employer cannot punish or fire you for engaging in certain protected activities. For example, you can inform your employer about sexual harassment. You're also allowed to try to form a labor union.
If you lose your job for doing this, it may qualify as retaliation.
Other protected activities include the following:
Federal and most state laws prohibit employers from retaliating against employees who report suspected legal violations through whistleblower protections. For instance, an employee who informs the Environmental Protection Agency (EPA) that their employer is dumping toxic waste into a local watershed has protection under whistleblower laws at the federal level.
You Don't Have To Solve This on Your Own – Get a Lawyer's Help
For the most part, companies can fire employees at will. This may not seem fair, but it's true. Unless you live in Montana, you must accept your employment at will. There are times, however, when your employer is in the wrong. If this describes your situation, you need legal help.
Contact an experienced attorney for legal advice. Seasoned employment lawyers understand employee rights and will help you take legal action. Meeting with a lawyer can help you understand your options and how best to proceed. Visit our employment lawyer directory to find a lawyer near you who can help.
Learn more about wrongful termination and your legal rights by clicking one of the links below.
