Unfair Termination Laws
Businesses today may hire under what is called the "at will" doctrine. This policy allows the employer to hire and fire as needed or at will, and offers maximum flexibility. The employer can employ temporary staff that are often less expensive than full-time or permanent employees. However, employers must still obey the law, even in an at will situation, or they are vulnerable to wrongful termination lawsuits.
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Violations of Public Policy
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Employment laws vary from state to state. Several states consider employee termination due to violation of public policy an exception to the at will agreement. An example would be an employee who makes a complaint against his company for health and safety violations and as a result is terminated. This might result in a wrongful termination lawsuit as it violates the interests of the public.
Breech of Contract
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There are two general types of breech of contract. The most common according to WrongfulTermination.com is where the employee is a union member and covered by a collective bargaining agreement with the employer. Union contracts offer employees protection and employers need to demonstrate a good cause for dismissal or penalization.
The other form of breech of contract dispute occurs when there is a direct contract between the employer and employee. Usually, contacts stipulate the terms under which an employee can be terminated. Any violation of these terms can result in a wrongful termination lawsuit.
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Implied Contracts
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Contracts do not necessarily have to be in writing. Agreements made and understood between two parties are called implied-in-fact contracts. Verbal statements regarding promotions or how employees are to be treated are examples of implied-in-fact agreements. Supporting evidence for an implied contract might include the company handbook or past treatment of the employee by the company. A breech of an implied contract is still illegal and puts employers at risk for wrongful termination litigation.
Discrimination
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There are discrimination laws at both the state and federal level. These laws protect employees from being terminated or penalized on the grounds of race, color, national origin, sex, disability, pregnancy and age. Some states have included sexual preference in qualifying for discrimination. An employee who feels he was fired or reprimanded on the basis of discrimination can file a claim with the U.S. Equal Employment Opportunity Commission.
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References
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