What Is Wrongful Termination?

Wrongful termination captures a number of different types of potential claims related to an employees termination. Lots of terminations can be “wrong” or “unfair” but in order for an individual to have a real wrongful termination case, the termination will have to be illegal. So, what makes a wrongful termination an illegal termination?

First, we can look at contract law. Occasionally individuals will have a claim for wrongful termination if they have an employment contract that only allows for termination under certain conditions specified in the contract. Sometimes these contracts will use a catch all phrase requiring that an employee only be terminated for “good cause”. Good cause termination generally requires that an employer show that an employee engaged in misconduct, violated the law, or, breached the terms of their employment contract. If you have an employment contract that requires you be fired for good cause and, you have faced a recent termination, then it is wise to contact a lawyer as soon as possible to discuss your potential case.

If you do not have an employment contract, then we look to Federal and State statutes that protect workers from discrimination or retaliation. As to discrimination, Title VII of the Civil Rights Act of 1964 prevents employers from firing employees because of their gender, race, sexual orientation, color, or national origin (among other protected classes). The Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), Pregnancy Discrimination Act (PDA), Pregnant Worker Fairness Act (PWFA) and Genetic Information Non-Discrimination Act (GINA) provide protections for workers over 40, who are pregnant, who have disabilities or perceived disabilities, and, for individuals facing discrimination related to their genetic information. These laws also prevent both “opposition” and “participation” retaliation for employees who either oppose discrimination in the work place or participate in proceedings investigating discrimination claims made by co-workers. Additionally, there are numerous federal statutes that create claims for retaliatory termination of individuals in numerous industries. Many of these statutes including the ones specifically addressed above have 180 day statutes of limitation. That is why it is critical to contact a lawyer as soon as possible after a termination so that the lawyer can assess whether or not your wrongful termination is an illegal termination within the time frame needed to file a claim.