Wrongful termination occurs when an employee is fired in violation of legal protection or contractual agreements. Studies show that approximately one in five workers have experienced a case at some point in their careers.
Understanding common examples of wrongful termination can help employees recognize their rights and take appropriate action if they find themselves in such situations. Below we will discuss five prevalent scenarios where it may occur.
Discrimination-Based Termination
One of the most significant areas of wrongful termination involves discrimination. Employees cannot be fired based on characteristics such as race, gender, age, religion, or disability.
For example, if an employer dismisses an employee solely due to the fact they identify as a woman, this constitutes wrongful termination. There are many laws and acts that protect employees from such discriminatory practices, ensuring that all individuals have equal opportunities in the workplace.
If you believe you have been a victim of discrimination, it’s important to seek legal counsel. The team at HKM are experts in responding to unjust terminations and can help you build your case.
Retaliation for Whistleblowing
Whistleblower protection laws are designed to shield employees who report illegal activities or unsafe working conditions from retaliation. If an employee raises concerns about unethical practices within the company, such as fraud, harassment, or violations of safety regulations, and is fired, this can be classified as wrongful termination.
Employers are prohibited from retaliating against employees for exercising their rights to report such issues. This ensures a more ethical and purposeful workplace environment for all.
Violation of Employment Contracts
Many employees work under employment contracts that outline specific terms regarding termination. If an employee is terminated in violation of these, they may have a case.
For instance, if a contract states that an employee can only be terminated for just cause, and they are fired without a valid reason, this could lead to legal action. Understanding the specifics of one’s employment contract is crucial in identifying wrongful termination cases.
Constructive Dismissal
Constructive dismissal occurs when an employee resigns due to an employer creating an intolerable work environment. Although the employee technically resigns themselves, the circumstances leading to resignation, such as harassment, significant changes in job duties, or a hostile work environment, can render the termination wrongful.
In these cases, an employee may claim that they were forced to leave due to the employer’s actions. Again, a qualified employment lawyer can assist with this.
Termination Based on False Accusations
Lastly, employees can also face wrongful termination if they are fired based on unfounded accusations, such as theft or misconduct, without proper investigation. If management terminates an individual based on rumors or unverified claims, this can constitute as wrongful.
Employees have the right to due process, which includes an investigation into any allegations before disciplinary action is taken. Furthermore, this process must be done without causing further damage to one’s professional reputation.
Final Words
Recognizing the signs of wrongful termination is essential for protecting employees’ rights in the workplace. It’s important to seek legal counsel if you believe you have been unfairly terminated. The earlier you start, the easier it will be to build your case.