Wrongful termination has become the most common labor claim in the United States, and many victims may never challenge the decision.
Wrongful termination occurs when circumstances surrounding the end of employment are in violation of a law, policy, or contract. Wrongful termination varies within each state, and differs from at-will employment, which guarantees employers to legally end employment, potentially without reason or advanced notice.
Wrongful termination may be a form of discrimination or retaliation against an employee after they have filed a complaint against the employer, or when an employee is fired for exercising a constitutional right.
Employment laws protect workers from wrongful termination, but not all employers have violated the law when ending an employment relationship.
If a business is even charged with wrongful termination due to discrimination, it can cast a very long shadow in the court of public opinion. Learning about wrongful termination can help you to understand if legal recourse may be available.
Classifying Wrongful Termination
Discrimination
Employees may not be fired on the basis of race, color, national origin, sex, religion, disability, pregnancy, or age. Many states may choose to try these wrongful termination cases based on anti-discrimination laws.
Legal Obligations
Employees may have to serve jury duty, vote, or engage in other legal commitments. Employers can not terminate employees for adhering to a legally obligated task.
Whistleblower Reporting
Employees have a legal right to report unethical actions or violations of the law without fear or retaliation. Violations may be related to health, safety, sexual harassment, and more.
Constitutional Rights
Employees have a legal right to practice certain activities outlined as unalienable in the constitution. Some examples may be political and religious association or free speech.
Wrongful Termination Case
In 2002, IT Executive Sandy Baratta claimed her employer dismissed her due to her pregnancy, and complained about derogatory remarks she received from the Executive Vice President about pregnant female executives.
She also claimed her firing came after reporting her employer for lifting some parts of a close competitor’s software.
The jury upheld Ms. Baratta’s claim that her termination stemmed from her whistle-blowing activity, and awarded her $2.6 million in damages.