What is wrongful termination?

On Behalf of | Jan 12, 2023 | employment law | 0 comments

Gainful employment is essential from a financial perspective, but it also provides a sense of achievement. That is why getting fired is such a tough pill to swallow. Along with the concerns about finances, losing a job can also damage a person’s self-esteem.

It can also amount to a legal issue when it comes to wrongful termination. Wrongful termination occurs when an employer violates the terms of an employment contract or goes against a law. Keep in mind that most firings occur legally, so you must consider the following if you wish to take legal action.

There is more than one law regarding wrongful termination

Both state and federal statutes cover wrongful termination. For instance, anti-discrimination laws afford legal protection to specific groups based on age, ethnicity, religion, and other characteristics. Accordingly, you must first determine the nature of the firing to establish if an employer actually broke a law.

Breach of contract is another issue to consider

Even if the employer did not violate a federal or state law, they may breach an employment contract with their firing. If you have such an agreement with your employer, they must adhere to the terms or risk legal action against them. For example, if the contract contains a list of fireable offenses, and your employer terminates the contract for another reason, you could have a case.

At-will employment is often a factor

At-will employment means that an employee can leave a job for any reason and without prior notice. It also means that the employer can do the same without legal recrimination. In this case, there is no legal recourse for a firing if breach of contract or law violation has not played a role.

If a violation has occurred, you can request compensation for the offense should you pursue legal action. You can also request to resume your previous position.