Wrongful termination is a pervasive issue in the United States. As a result, many employees lose their jobs for unlawful reasons such as discrimination, retaliation, or in violation of public policy. However, a wrongful termination attorney can help.
In some cases, employers may wrongfully terminate employees in an attempt to cover up their misconduct or to avoid paying certain benefits. When faced with such a wrongful termination, employees can seek the help of a wrongful termination attorney.
Common Causes of Wrongful Terminations
Wrongful termination occurs when an employer terminates an employee’s contract or employment without proper justification. This is a violation of the law or the terms of the employment agreement.
Wrongful termination can have severe consequences, such as loss of income, reputational damage, and emotional distress. Here are five common causes of wrongful termination:
Discrimination based on race, gender, age, religion, sexual orientation, or disability is illegal. If an employer terminates an employee’s contract because of any of these factors, it can be considered wrongful termination. Discrimination can also occur when an employer retaliates against an employee for reporting discrimination or harassment.
Retaliation occurs when an employer terminates an employee’s contract out of revenge. It typically results from exercising a legal right or reporting illegal activity. For instance, when an employee reports workplace safety violations and their employer terminates their contract in response, that is retaliation.
Breach of Contract
If an employer terminates an employee’s contract in breach of the terms of the agreement, it can be considered wrongful termination. A contract breach occurs when termination doesn’t follow the procedures outlined in the agreement, such as providing notice or cause for termination.
Violation of Public Policy
Wrongful termination can occur when an employer terminates an employee’s contract in violation of public policy. For example, when an employer terminates an employee because they reported the employer’s illegal activity to law enforcement.
This occurs when an employer makes working conditions so intolerable that an employee has no choice but to resign. If an employer creates a hostile work environment or engages in severe harassment, and an employee resigns as a result, it can be considered wrongful termination.
Remedies For Wrongful Termination
If you have been wrongfully terminated, here are five potential remedies to consider:
- File a complaint with a government agency such as the Equal Employment Opportunity Commission or your state’s labor department.An employment attorney can help at this stage in the process as well.
- Pursue legal action by hiring an employment lawyer to file a lawsuit against your employer for wrongful termination.
- Negotiate a settlement with your employer by presenting evidence of the wrongful termination and proposing a resolution.
- Seek reinstatement to your former position or seek damages for lost wages and benefits.
- Reach out to your union representative or a labor advocacy group for support and guidance.
Employers must follow the law and the terms of the employment agreement when terminating an employee’s contract. Employees who believe they have been wrongfully terminated should seek legal advice to determine their rights and options.