What Is Wrongful Termination?
Wrongful termination covers many circumstances and acts of firing; it can often be difficult for the employee to figure out if he has a case against his former employer. Although most states adhere to the "at will" doctrine, some former employees have won lawsuits against their former employers for wrongful termination.
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Definition
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"Wrongful termination" is the right of an employee to sue his employer for loss of damages (wages and benefits) and for punitive damages if the firing was against "public policy." (See Wrongful Termination link in Resources.)
Significance
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Wrongful termination is important when employers terminate employees for reasons such as discrimination (racial, gender, sexual preference or age). In the instance of violating public policy, the firing would be in retribution for whistle blowing.
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The Law
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Instead of one law specifically addressing wrongful termination, there are several federal laws that hold an employer liable if he has wrongfully terminated an employee; these laws are called "wrongful termination" or "wrongful discharge" laws.
Considerations
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Employees need to look closely at their circumstances especially if they have reported illegal acts. If they believe they have been discriminated against, they need to speak to an employment lawyer.
Misconceptions
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"I have a contract of employment; my employer can't fire me." In actuality, most states are "at will" states--that is, employers can fire employees without cause; employees can quit their jobs "at will" as well.
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