Getting fired is never a good thing, but getting wrongfully fired is even worse. Wrongful termination is illegal and can take the form of many different actions and behaviors. Most employees are at-will employees, which means that they can be fired at any time, for any reason, so long as it’s legal. There are some exceptions to this rule, and they can come in the form of wrongful termination.
If you or someone you know may have been wrongfully fired but you’re not sure, you’ve come to the right place. Here are the most common ways to identify if you’ve been wrongfully dismissed so that you know where you stand.
Written promises
The easiest indicator of wrongful termination is if your dismissal goes against your contract. If your boss fires you in a way that goes against your written agreement with the company, that can be grounds for wrongful termination. If it says in your agreement that your employer can only fire you with good cause stated in the contract, but doesn’t, that is grounds too. Understanding the terms and conditions for wrongful termination can be hard. If you’re unable to do it yourself, you can always contact an employment lawyer to be on the safe side.
Discrimination
Discrimination in the workplace is still a huge problem in 2021 and is an illegal reason for firing an employee. If you feel that you have been targeted, singled out, discriminated against, and fired, you need to contact a lawyer. Discrimination can come across in many different ways from microaggressions to full-on unfair firing. Your race, age, gender, sexuality, nationality, religion, disability, or pregnancy should not affect your job stability. Most cases of discrimination are illegal in the workplace, especially in the context of wrongfully firing someone.
Retaliation
Your boss is not allowed to retaliate and fire you on the grounds of you engaging in legally protected activities. Filing a formal complaint against your employer for mistreatment or harassment is legally allowed. If your employer has denied you a promotion or pay, or has fired you out of spite or retaliation, this can come across as unfair dismissal. If you have reason to believe that your employer may be singling you out and reprimanding you unfairly, it might be time to contact your lawyer. If you can prove that your firing was on a basis of retaliation, you’ve got a strong case.
Breaches of good faith and fair dealing
Another common form of illegal firing comes from your employer breaching the duty of good faith and fair dealing when firing you. There are plenty of ways your boss’s unfair, or shady actions can result in your wrongful firing. Your employer transferring or firing you to avoid paying you or has fabricated reasons for firing you is a good example.
If your employer has misled you on the severity, difficulty, or dangers of a particular job, is another. Coercing an employee into quitting by making them work in unethical conditions, or intimidation is grounds for a lawsuit. Unfortunately, some courts won’t recognize this as legitimate wrongful termination, so keep that in mind.
Violation of public policy
Your case can be valid if your employer has violated public policy when firing you. Public policy states that it is illegal to fire an employee on grounds considered unreasonable by the general public. For a court to recognize your unfair dismissal as a violation of public policy, you will have to provide some proof. You need to have an existing employment law that backs up your claim, to prove unfair dismissal. If your employer has fired you because you missed work for voting, jury duty, or serving in the military, your case can be seen as wrongful termination. The same goes for if you’ve been fired because you have exposed any harmful wrongdoings of the company.
Wrongful termination is a serious offense, and it’s important to know how to recognize it so you can prevent it. Those who take part in illegal termination should be stopped and should face the legal ramifications of their actions. The easiest way to know if your firing was illegal is if it went against a written agreement you have with your employer. Check the terms and conditions of your contract and the grounds on which you’re allowed to be fired.
Discrimination and retaliation in the workplace are illegal, especially when it comes to firing. If your employer has displayed a breach of good faith and fair dealing or has violated the public policy to fire you, it’s illegal. The sooner you know your rights, the better, and don’t be afraid to fight back if you or someone you know has fallen victim to illegal dismissal.
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