Wrongful Termination
Many employers have strict laws and policies that dictate how and why employees may be fired. If an employer fires an employee in violation of these regulations, the worker could be eligible to file a lawsuit against their former employer seeking compensation for back wages, front pay, legal fees and other damages. This article discusses what is considered wrongful termination and offers tips for workers who believe they were wrongfully fired from their job.
For firing to be wrongful, it must violate state or federal laws and must be a breach of employment contract. Employers typically have the right to hire and fire at will, but in certain forbidden circumstances firing an employee is a breach of employment contract and may constitute wrongful termination.
Some companies have detailed disciplinary policies that stipulate how an employee must be disciplined before they are fired. For example, if an employee is in a probationary period or on a performance improvement plan, their employer may only fire them once they have met all of the company’s criteria for firing an employee. However, if an employer fires an employee in violation of their company policy without following these procedures, the employee might be able to sue for wrongful termination.
What Is Considered Wrongful Termination?
In some cases, an employer might have a legitimate reason for firing an employee. For example, an employer might need to lay off workers due to budgetary reasons or as part of a company restructure. However, an employer should provide an employee with a clear explanation of the reasoning behind their firing and make sure to document any conversations surrounding that discussion.
Another circumstance in which a firing might be considered wrongful is when it’s done in retaliation for an employee complaining about or refusing to participate in illegal activity. For example, an employer might have asked an employee to participate in questionable accounting practices or alter ledgers, and if the employee refused, they might have been terminated in retaliation for their refusal.
An employer can’t fire an employee for participating in a retaliatory act, such as reporting illegal activities or refusing to participate in them. Employees who engage in retaliatory acts might be able to sue their former employer for wrongful termination.
Wrongful termination can result in lost wages, legal fees and emotional distress. If you’re a victim of wrongful termination, contact an experienced attorney for help.
Charles Joseph has over two decades of experience in employment law and wrongful termination. Reach out to him today for a free consultation. He’s helped clients recover over $140 million in damages and is a founding partner at Joseph and Kirschenbaum, one of the largest employment law firms in California. His firm is licensed to practice in all 50 states, and they also accept clients nationwide. Visit our wrongful termination page to learn more about wrongful termination, and how we can help you get justice. To schedule a free consultation, call us or fill out our online form.
