Most employment arrangements are on an “at-will” basis, meaning that an employee may be discharged without cause and even under circumstances that seem unfair. However, a termination becomes wrongful if it violates the law, is motivated by discrimination, or is in breach of an employment contract.
It is illegal to terminate employees in retaliation for reporting unlawful or discriminatory practices, such as wage and overtime violations, harassment and workplace discrimination. It is further illegal to terminate employees because they had requested or taken FMLA or military leave or applied for worker’s compensation. Wrongful termination also occurs when an employee is discharged because of their race, sex, age, religion, disability, pregnancy, national origin, sexual orientation, gender identity or other protected categories under federal and state laws. Finally, a termination is wrongful if it violates an employment contract or collective bargaining agreement.
Constructive wrongful termination occurs when an employee quits, rather than being discharged, because an employer creates an environment that makes it unbearable for a reasonable employee to continue working. Employees may be entitled to considerable monetary damages and relief for being wrongfully terminated.
We can assist you in determining the legality of your termination and ensure that all of your rights are being protected during this difficult time. If you believe you have been wrongfully terminated, please contact our attorneys for a free and confidential consultation: (877) 476-7797.