Losing a job is never easy, but being let go under unfair or illegal circumstances can feel especially devastating. If you’ve been terminated from your position and feel the termination wasn’t justified, you may be wondering if you are a victim of wrongful termination. Understanding what constitutes wrongful termination is essential to determining whether your rights have been violated and whether you have legal grounds to take action.
In this post, we’ll explain what wrongful termination is, the legal protections available to employees, and how to recognize if you’ve been wrongfully terminated.
What is Wrongful Termination?
Wrongful termination refers to a situation where an employee is fired in violation of legal protections or their employment contract. While most employees are hired “at-will,” meaning their employers can generally terminate them at any time for any reason (or no reason at all), there are significant exceptions to this rule. If an employer’s decision to terminate an employee violates specific laws or contractual agreements, the termination may be considered wrongful.
Legal Grounds for Wrongful Termination
Wrongful termination can occur for several reasons, including but not limited to:
- Discrimination: Federal and state laws prohibit employers from firing employees based on certain protected characteristics, such as race, gender, age, disability, sexual orientation, religion, or national origin. These laws are enforced by agencies like the Equal Employment Opportunity Commission (EEOC). If you were terminated because of one of these protected categories, your termination could be considered wrongful.
- Retaliation: Employers are also prohibited from firing employees in retaliation for engaging in certain protected activities, such as reporting illegal activities (whistleblowing), filing a workers’ compensation claim, or participating in an investigation into workplace misconduct. If you believe your termination was in retaliation for such actions, it could qualify as wrongful termination.
- Violation of Employment Contracts: If you have an employment contract that specifies certain conditions under which you can be fired (such as a specific cause or a time frame), and your termination does not meet those terms, it may be considered wrongful. Even if your employment was “at-will,” some contracts may include clauses that prevent an employer from firing you without cause or due process.
- Violation of Public Policy: Employees cannot be fired for reasons that violate public policy. For instance, firing someone for taking time off to vote, serving on a jury, or refusing to break the law is illegal. If your termination was based on any of these actions, it could be wrongful.
- Constructive Discharge: Constructive discharge occurs when an employer makes the work environment so intolerable that an employee is forced to quit. While this may not be a direct termination, if you feel you had no choice but to leave due to an employer’s actions (such as harassment, unsafe working conditions, or unfair treatment), it may still be considered wrongful termination.
How to Recognize If You’ve Been Wrongfully Terminated
Recognizing wrongful termination is the first step toward protecting your legal rights. Here are some signs that your termination may have been unlawful:
- You Were Fired After Complaining About Workplace Issues: If you raised concerns about workplace safety, harassment, discrimination, or illegal activities and were subsequently terminated, this could point to retaliation. Whistleblower protection laws safeguard employees from retaliation after reporting issues to authorities.
- Your Termination Was Based on Discriminatory Reasons: Discriminatory terminations are often difficult to prove, but if you were fired for reasons related to your race, gender, age, religion, or other protected status, there may be grounds for a wrongful termination claim. Keep an eye out for any comments or behavior that suggest bias from your employer or coworkers prior to your termination.
- Your Employer Violated Terms of Your Employment Contract: If you have a contract outlining specific conditions for termination, and your employer fails to follow these terms, you may have grounds for a wrongful termination lawsuit. For example, if your contract outlines a probation period or certain performance standards, and you were fired without cause, this could be a breach of contract.
- You Were Fired for a Reason That Violates Public Policy: If your termination seems to be related to actions protected by law, such as taking time off for jury duty or refusing to engage in illegal activities, it may be wrongful termination. These actions are protected under public policy, and firing an employee for them is illegal.
- The Reason for Your Termination Seems Unclear or Unfair: In some cases, an employer may provide vague or inconsistent reasons for terminating an employee. If the justification seems unreasonable or changes over time, this could be an indication that something more sinister is at play. For instance, if your employer cites “performance issues” but you’ve consistently received positive performance reviews, this inconsistency may warrant further investigation.
What Should You Do If You Believe You’ve Been Wrongfully Terminated?
If you suspect that you have been wrongfully terminated, it’s important to take the following steps:
- Document Everything: Start by documenting all details surrounding your termination. This includes any communications (emails, text messages, or memos) with your employer, performance evaluations, and any complaints or incidents that may have led to your firing.
- Consult with an Attorney: Consult an employment lawyer who specializes in wrongful termination cases. They can help assess the strength of your case, review any relevant contracts or documentation, and guide you on the best course of action. We recommend wrongful termination lawyers maryland
- File a Claim: If your lawyer determines you have grounds for a case, they may help you file a claim with the Equal Employment Opportunity Commission (EEOC) or your state’s labor department. There are time limits for filing wrongful termination claims, so acting quickly is crucial.
