It’s essential that employees know their rights and take steps to protect themselves in the case of wrongful termination.
Employment-at-will doctrine
Employees and employers are not bound to their employment relationship by anything but voluntary desire. An employee can leave the job without reason and an employer can fire the employee at any time without cause.
Wrongful termination
Wrongful termination is a situation in which an employee is fired for reasons which are considered against the law. Here are some examples of unlawful reasons for termination which would fall outside of the employment-at-will doctrine.
- Firing due to sex, gender identity or sexual orientation
- Firing as a form of sexual harassment
- Firing on the basis of a disability
- Firing in violation of a contractual agreement
- Firing due to race, color or national origin
- Firing in violation of labor laws
- Firing in retaliation because an employee filed a complaint or claim against an employer
- Firing on the basis of an employee’s age
- Firing in response to an employee being a whistleblower
- Firing because an employee complained about workplace issues
- Firing because an employee was not willing to commit an illegal act when asked by an employer
- Firing in violation of public policy like taking time off work to vote or serve on a jury
- Firing due to religious preferences
- Firing due to pregnancy-based reasons
How to handle a wrongful termination
Document everything. Gather up items that would pertain to the termination such as emails, voicemails, computer files, text messages, and handwritten notes. Make sure that you take the appropriate steps to protect yourself.
Consider finding a law firm or attorney that specializes in employment law to help you with your unlawful termination case.
