Common Causes of Wrongful Termination and How to Address Them

Table Of Contents

What Causes Wrongful Termination?

Wrongful termination occurs when an employer dismisses an employee for an illegal reason. An illegal reason violates employment laws or an employment contract. Discrimination forms a common basis for wrongful termination. Retaliation for protected activities also leads to wrongful termination. Violations of public policy can also result in wrongful termination.
Employees have protection against discrimination based on various characteristics. These characteristics include race, colour, religion, sex, national origin, age, disability, and genetic information. Employers cannot terminate an employee because of these protected characteristics. Whistleblowing activities also provide protection for employees. Reporting unlawful conduct or safety violations makes an employee a whistleblower.

What Causes Wrongful Termination Due to Discrimination?

Wrongful termination due to discrimination happens when an employer dismisses an employee based on protected characteristics. Race discrimination occurs when an employer terminates an employee because of the employee's racial background. Colour discrimination involves an employer terminating an employee due to the employee's skin colour.
Sex discrimination includes termination based on gender. Sex discrimination includes termination based on pregnancy. Sex discrimination includes termination based on sexual orientation. National origin discrimination involves an employer terminating an employee. The employer terminates the employee because of the employee's country of origin. Age discrimination affects employees over a certain age. This age is typically 40.

How Does Retaliation Lead to Wrongful Termination?

Retaliation leads to wrongful termination when an employer punishes an employee for exercising a legally protected right. An employee exercises a protected right by reporting workplace harassment. An employee exercises a protected right by filing a discrimination complaint. An employee exercises a protected right by participating in an investigation.
Employers cannot terminate an employee for engaging in these protected activities. The law protects employees who report safety violations. The law protects employees who refuse to participate in illegal activities. The law protects employees who request reasonable accommodations for a disability. An employer's adverse action against an employee for these actions constitutes retaliation.

What Public Policy Violations Cause Wrongful Termination?

A violation of public policy constitutes a wrongful termination when an employer dismisses an employee for reasons contravening a clear public interest. An employee might refuse to commit an illegal act. An employer cannot terminate an employee for refusing to commit an illegal act. This refusal protects the public interest.
Public policy also protects employees performing civic duties. An employer cannot terminate an employee for serving on a jury. An employer cannot terminate an employee for exercising voting rights. These actions align with established public policy principles. Terminating an employee for these actions violates public policy.

How Do Employment Contracts Affect Wrongful Termination?

Employment contracts affect wrongful termination by establishing specific terms for employment and dismissal. A written employment contract often outlines grounds for termination. An employer must adhere to these contractual terms. Breaching these terms can result in a wrongful termination claim.
Many employees work under an at-will employment doctrine. An at-will employer terminates an employee for any reason. An employment contract specifies other terms. The at-will doctrine applies unless an employment contract specifies other terms. An at-will employer does not terminate an employee for an illegal reason. An illegal reason violates anti-discrimination laws. An illegal reason violates public policy.

What Should an Employee Do After a Wrongful Termination?

What an employee does after a wrongful termination is document all relevant information. Documentation includes the termination date. Documentation includes the stated reason for termination. The employee collects any performance reviews. The employee collects any disciplinary notices.
The employee should preserve all communications with the employer. These communications include emails, letters, and text messages. The employee should seek legal advice from an employment attorney. An employment attorney assesses the merits of a wrongful termination claim. An employment attorney guides the employee through the legal process.

FAQS

What evidence supports a wrongful termination claim?

Evidence supporting a wrongful termination claim includes performance reviews. Evidence supporting a wrongful termination claim includes written communications. Evidence supporting a wrongful termination claim includes witness statements. The evidence demonstrates the employer's unlawful motive. The evidence proves the termination was not legitimate.

How long does an employee have to file a wrongful termination claim?

An employee has a specific timeframe to file a wrongful termination claim. This timeframe varies based on the type of claim. This timeframe varies based on the applicable laws. Federal and state laws establish different statutes of limitations. An employee should consult an attorney immediately to understand deadlines.

Can an employee receive compensation for wrongful termination?

An employee can receive compensation for wrongful termination. This compensation includes lost wages and benefits. This compensation includes emotional distress damages. Punitive damages are sometimes awarded in severe cases. The specific compensation depends on the claim's details.

Does an employee need an employment contract for a wrongful termination claim?

An employee does not always need an employment contract for a wrongful termination claim. Many claims arise from violations of anti-discrimination laws. Many claims arise from violations of public policy. These protections apply even without a formal contract. An attorney can assess the claim's validity.

What is the first step an employee takes after an unjust dismissal?

The first step an employee takes after an unjust dismissal is information gathering. The employee collects all employment documents. The employee notes the dismissal circumstances. The employee contacts an employment attorney for guidance.

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