Wrongful Termination Facts
Wrongful termination refers to a situation wherein an employer is committing a violation of the law by unjustly firing an employee. Specifically, the termination is wrongful because it infringes upon an employee's rights. Remember, an employer can fire an at-will employee at any time, just as an employee can quit at any time. There are, however, five general exceptions to this rule that all employers must keep in mind.
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Discrimination
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An employer cannot fire anyone based solely on their age, sex, race, disability or country of origin. Some states also have laws that forbid discrimination based on sexual preference. Workplace harassment is often included in discrimination laws
Breach of Contract
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A breach of contract simply means that an employer has fired an employee without just cause while the employee was under contract, either one that was agreed upon before being hired or an agreement that was reached through a union's collective bargaining.
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Breach of Implied Contract
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A breach of implied contract refers to a situation in which the employer is in violation of an agreement made between the employer and employee, for example, a spoken agreement about a pay raise or statement on the company's policy regarding dismissal.
Violation of Public Policy
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If the firing of an employee is a contradiction of state or federal policies, it is considered a wrongful termination. For example, an employee cannot be terminated for exercising her Constitutional rights.
Whistle-Blower Protection
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Whistle-blower protection is an extension of the employee's rights under public policy. Most states have laws that protect employees who have reported an employer's misconduct to the appropriate agencies. An employer, therefore, cannot fire an employee as an act of retaliation.
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