Wrongful Termination

Many people don't know what the legal term "wrongful termination" covers. There is a big difference between being terminated unfairly vs. wrongfully. Personality clashes, for example, may lead to termination of employment, but this won't necessarily warrant a lawsuit. However, if the firing was done illegally, then the person who was terminated is entitled to receive financial compensation. In such cases it might be necessary to hire a professional wrongful termination and wrongful discharge attorney to help rectify the situation.

Depending on your state, employer-employee relationships are considered to be "at-will" – meaning that either party can end it without giving a reason. Still, there is a plethora of local, state and federal laws that govern this relationship. If the company breaks any of these laws when they terminate you, it may very well be that you have a case of wrongful termination.

Additionally, a breach of an employment contract, or even an "implied contract," can be construed as a wrongful discharge. Contracts are considered "implied" when they are not in writing; these are perceived agreements which are based on a number of things – including verbal promises, historical actions, company policy manuals and other similar things.

Here are a few examples of unlawful reasons for firing a worker:

• Discrimination – including race, gender, age, disability, religion and/or national origin


• Whistle blowing, i.e., when you report your employer's workplace violation to authorities


• When you refuse to do something illegal on the company's behalf


• Defamation and falsification of your record as an excuse to fire you (such as accusing you of stealing)


• Forcing you to quit by purposefully making your working conditions intolerable


• For taking legal time off from work such as for military service or voting

For instance, if your company's employee handbook indicates that your supervisor has to give you a verbal notice, followed by two written notices, to correct your actions before they can fire you, then this is exactly what needs to happen. Wrongful termination occurs when written procedures like these aren't followed, giving the terminated individual a just cause for taking legal action against the company.

Needless to say, if you are an employer, it is imperative that your employment contracts and employee handbooks are reviewed by an experienced wrongful termination attorney. This will help protect your company, ensure that you have proper employment termination procedures in place, and that your workers clearly understand your company policy.