Definition
Wrongful Termination or Discharge occurs when an employee is dismissed from their job in a manner that breaches one or more laws or contractual agreements. It encompasses violations of federal or state anti-discrimination laws, breaches of public policy, violations of express or implied employment contracts, and infringement of the implied covenant of fair dealing and good faith.
Examples
- Anti-Discrimination Violations:
- An employee is terminated because of their race, gender, age, disability, or sexual orientation, in violation of laws like the Civil Rights Act.
- Public Policy Violations:
- An employee is dismissed for refusing to engage in illegal activities or for reporting illegal actions by the employer.
- Breach of Contract:
- An employee with a written contract specifying grounds for termination is dismissed for reasons not covered in the contract.
- Implied Contract Violations:
- An at-will employee is terminated despite representations that suggest continued employment, such as company policies or verbal assurances.
- Covenant of Good Faith and Fair Dealing:
- An employee is discharged in a way that is unfair or done in bad faith even if no explicit contractual term is violated.
Frequently Asked Questions
What are common grounds for wrongful termination claims?
Common grounds include breaches of anti-discrimination laws, violations of public policy, breach of express or implied contracts, and violations of the covenant of good faith and fair dealing.
How can an employee prove wrongful termination?
Evidence such as documentation, witness statements, and past employment records can help establish a wrongful termination claim. Legal assistance is often required to navigate the specifics.
Can an at-will employee be wrongfully terminated?
Yes. Despite “at-will” employment, employees cannot be terminated for reasons that violate laws, public policy, or implied contractual obligations.
What compensation can be sought in a wrongful termination case?
Compensation may include back pay, reinstatement, compensatory damages, punitive damages, and reimbursement for legal fees.
How long does an employee have to file a wrongful termination claim?
The timeframe varies by jurisdiction and the basis of the claim but generally ranges from 180 days to several years. It’s critical to check specific state laws or consult with an attorney.
Related Terms
- Employment Contract: A formal agreement detailing the terms and conditions of employment.
- At-Will Employment: Employment where either party can terminate the relationship at any time without cause.
- Constructive Discharge: When an employee resigns due to unbearable working conditions created by the employer.
- Retaliation: Adverse action taken by an employer against an employee for engaging in legally protected activity.
- Severance Package: Compensation offered to an employee upon involuntary termination of employment.
- Covenant of Good Faith and Fair Dealing: An implied obligation for parties to act honestly and fairly towards each other.
Online References
- Equal Employment Opportunity Commission (EEOC)
- U.S. Department of Labor
- Legal Information Institute - Cornell Law School
Suggested Books for Further Studies
- “Fired, Laid-Off, Out of a Job: A Manual for Understanding, Coping, Surviving” by Bill Adler Jr.
- “The Employer’s Legal Handbook” by Fred S. Steingold
- “Employment Law for Business” by Dawn D. Bennett-Alexander and Laura P. Hartman
Fundamentals of Wrongful Termination/Discharge: Business Law Basics Quiz
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