How Does Wrongful Termination Occur?
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What is wrongful termination?
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Wrongful termination, also known as wrongful dismissal and illegal termination, is a circumstance where an employer fires an employee in a way such that it is in breach of a contract between the employer and the employee, or it is against employment law. Since wrongful termination can occur as the result of breaking employment law, employees need not necessarily have an actual contract to be wrongfully dismissed. Any contract should state in detail the terms under which an employee can be fired from her position. Even if someone is fired in a way that breaches a contract or is illegal, it usually falls to the employee to make a claim of wrongful termination in order to gain any recompense.
Common types of wrongful termination
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One of the most common and easily discernible types of wrongful termination is when a contract is breached. If actions of an employer go against specific terms of a contract, proving a wrongful termination is much easier. Another common type of wrongful termination is firing due to unresolved personal issues: if a boss doesn't like an employee even though that employee's work is satisfactory, firing that employee can constitute wrongful termination. Similarly, discriminatory firings, such as terminating someone due to race, religion, or sexual orientation, are usually wrongful terminations. Also, if an employee is fired due to failure to comply with illegal operations within the company, it is wrongful termination.
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Severance
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When an employee is fired from a company, the employer often provides him with a severance package that usually includes cash as well as things like medical and dental coverage for a set period of time. Severance is a way for an employer to ensure that the employee does not try to sue; by accepting severance payments, the employee waives the right to take legal action against he employer. Wrongfully terminated people who accept severance packages may not be able to pursue further damages against their former employer. Those fired illegally who do not have a severance package may attempt to obtain a severance package under threat of legal action, or attempt to sue their former employer.
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