Most of use work to earn a living to support ourselves and our families and may have some idea what wrongful termination is but it is important to know when a worker cannot be fired. Even if an employee is an at-will employee, there are certain circumstances and times that they cannot be terminated; workers should know when those time are.
Examples of wrongful termination
In certain circumstances, an employee may be considered wrongfully terminated if they were fired:
- In retaliation for the employee filing a complaint or claim against the employer;
- In violation of federal and state anti-discrimination laws;
- As a form of sexual harassment;
- In violation of oral or written employment agreement; and
- In violation of labor laws, including collective bargaining laws.
In any of these circumstances, it may be illegal to terminate an employee and may give rise to a wrongful termination claim against the employer.
Employees who have been wrongfully terminated in violation of the law may be able to receive monetary damages for lost wages and other damages and negotiate a severance package for their termination. Other remedies may also be available depending on the situation and circumstances, including punitive damages against employers. Most workers rely on their jobs to care for their families which is why the law takes wrongfully terminating them seriously.
Employment laws protect wrongfully terminated employees and workers who may have otherwise had their rights violated in the workplace. It is vital that workers know when these laws apply to them and what they may be able to do about wrongful termination.