What is a Wrongful Termination Claim?
An individual who believes they were wrongfully or unlawfully terminated may file a wrongful termination claim. Claims of wrongful termination pertain to purported breaches of labor regulations, such as collective bargaining rules or whistleblower laws, oral and written employment agreements or contracts, or federal or state antidiscrimination statutes. Workers may also pursue a wrongful termination claim if they believe their termination was the result of sexual harassment or was done in retribution for them filing a complaint against the employer.
Understanding a Wrongful Termination Claim
The majority of states in the U.S. consider employment to be “at will,” which means that employers are not required to give notice in advance or have a valid reason for terminating an employee (although many do so to enable employees to receive unemployment insurance benefits and health benefits under the Consolidated Omnibus Benefits Reconciliation Act [COBRA]). However, employment-at-will does not give employers control over an employee’s termination. It is unacceptable to fire someone for specific reasons or intentions, mainly if doing so would violate local, state, or federal laws or be considered a breach of contract.
People may sue their employer for wrongful termination if they believe their involuntary termination constituted a breach. Filing a wrongful termination claim is similar to filing a lawsuit; the employee is suing their former employer to recover damages for being dismissed without cause.
If the worker wins, they may be entitled to monetary damages for lost income, job search expenditures, and other costs associated with the wrongful termination. Workers may also request a promotion or reinstatement in their current role. Statutory fines may also be imposed on the employer, depending on the grounds of the claim (see below).
Kinds of Claims for Wrongful Termination
Workers have several reasons to seek wrongful termination lawsuits. Among the most typical are:
Disparities
A wrongful termination lawsuit may be filed by an individual who was dismissed due to their “race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability, and genetic information (including family medical history).”.
The Equal Employment Opportunity Commission (EEOC) of the United States oversees these laws and provides instructions on how to report job discrimination on its website.
Before you bring a lawsuit against your employer for employment discrimination, you must submit a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC).
Return Fire
It is illegal for employers to retaliate against employees who disclose unethical behavior, including criminal conduct, at work. Whistleblower protection is the term used for this.
Additionally, it is illegal to fire an employee for submitting a worker’s compensation claim; however, anybody claiming such a claim must demonstrate that the action taken was motivated by retaliation rather than good performance at work or another authorized cause.
medical background
Under the Genetic Information Nondiscrimination Act (GINA), employers are prohibited from using genetic information to hire or fire a candidate or employee. “Using genetic information” comprises finding out about a candidate’s or employee’s family medical history and determining whether they are more likely than average to acquire a particular ailment.
Planning
Under the National Labor Relations Act (NLRA), workers can engage in “concerted activity” to improve wages or working conditions, such as organizing a labor union or leading a campaign to bring an existing union into their workplace. However, employers may still have the right to fire employees for complaining or venting about their boss or employer. This protection does not require employees to be members of a union.
Not a cause
People working under a contract that demands a reason for termination but does not get one could sue for wrongful termination.
Unlike other kinds of claims, this is a contract breach, not a statute or law violation. The employee’s contract must state that they can only be fired “for cause,” which entails giving a written explanation for the dismissal and limiting it to specific types of misconduct, such as willful misconduct, purposeful neglect of job responsibilities, intentional sabotage or destruction of company property, or purposeful disclosure of company secrets.
How to Bring a Claim for Wrongful Termination
To learn about their rights and available resources, it is first essential that an employee read their original agreement letter or employment contract. (and to verify whether all conditions and promises were satisfied around their service period and departure).
Additionally, individuals may want to wait to sign any severance agreement with their company, particularly if it explicitly states that they give up any legal recourse or filing rights.
Employees who think they were fired illegally should speak with a labor lawyer or an employment law/employee rights counsel to see whether they have a case and to discuss potential legal assistance. The earlier, the better. State and federal laws have varied deadlines for submitting claims.
If feasible, people should attempt to acquire a copy of their personnel file to find out who was in charge of their termination, who gave the go-ahead for it, and any records, such as performance appraisals, warning letters, and status reports, that may have been related to it. An attorney will find this helpful information when examining a possible case.
Conclusion
- A wrongful termination claim is a kind of litigation an employee brings against their employer if they believe they were dismissed unfairly.
- Although they may also be based on an alleged breach of an employment contract, wrongful termination claims are often founded on violations of state or federal statutes.
- Wrongful termination claims may be filed for discriminatory firing, medical history, retribution for making a complaint or whistleblowing, union organization, or lack of contractual justification.
- Restitution of employment or monetary damages are two possible forms of compensation for wrongful termination.
