- Wrongful termination happens when an employer fires an employee in such a way that violates one or more legal statutes. Each state has its own laws that govern employment, and these laws must not only be followed in the hiring and employment phases of an employee's tenure with a company, but also in employees' dismissal. Certain states have few or no laws governing termination, which means that an employer has the right to fire an employee at any time, without any stated reason. However, most states have at least a few laws on the books describing how and why an employee may be fired, and requiring that these reasons be presented to the employee at the time of his dismissal.
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Though the reasons a wrongful termination case might come up are nearly endless, here are a few of the most common reasons. These reasons are generally found to be violations of the law in all states that have wrongful termination statutes on the books.
--Termination that does not escalate through the contracted process: This is where an employee is fired, but has not been reprimanded or warned in the manner outlined in the contract. This is by far the most common reason for wrongful termination cases.
--Termination for a wrongful cause: This category covers any employee who is fired for something she did not do.
--Termination for discriminatory reasons: This is where an employee is fired for a reason wholly unrelated to her job performance, and instead based on her religion, opinions, sex or race.
--Retaliatory termination: This occurs when a worker is fired for filing a workman's compensation claim or for going to the authorities about illegal activities in the workplace (unsafe conditions, harassment, etc.). - If an employee finds himself the victim of wrongful termination, he has a variety of legal options open to them. By filing a legal claim, he stands to benefit monetarily in the form of damages. In some cases, the employer may be forced to work up a fair severance package for the terminated employee. To file a wrongful termination claim, the individual should contact an employee's rights lawyer in their area. Explain the situation to the lawyer, and he will be able to tell you whether or not you have a case. If you do have a case, he will help you follow through on the steps necessary to take the case to court.
