Wrongful Termination
Free Employment Law Case ReviewWrongful termination does not mean what most people think it does in our society. The reason for this misconception is that what most people consider unfair treatment in the workplace completely differs from what wrongful termination means in the legal sense. In fact, most labor laws in the United States actually provide employers with more leeway in the treatment of their employees; enough that most workers would be a little surprised at what their employers can get away with.
The reason for this leeway is due to the lack of laws that are in place to protect employees, and what laws that do exist are somewhat out of date in today's workplace. In order for an employee to claim wrongful termination, an employer must actually violate one of these antiquated laws, either state or federal. Just because an employee feels they were unfairly treated or forced to quit does not always mean they were wrongfully terminated by legal standards.
To better understand why it is so legally difficult to prove wrongful termination, you should understand that most states utilize a system of "at will" employment, also known as Employment at Will Doctrine. This term means that employment is voluntary and indefinite for both employees and employers, and that employees may quit their jobs whenever they want, and without consequence, and that employers have the right to terminate employees whenever they want without consequence. However, in some states the employer must provide a reason for the termination.
A general guideline that can be used in determining if you have been wrongfully terminated is to look at the following common forms that courts have historically considered as wrongful termination. The first is discrimination. Employers can not terminate you based on your gender, race, creed, or if you are disabled, just to name a few. Retaliation can also be grounds for a wrongful termination suit. Employers can not terminate you for reporting them to authorities for violating laws; this is often referred to as whistle blowing. They also cannot fire you for refusing to perform an illegal task for them.
Another form is defamation of character, which is a claim not made by employees very often, mainly because it is very difficult to prove that an employer intentionally made slanderous remarks in order to terminate you. Lastly, is the method of constructive discharge. If you have to quit your job because your employer institutes or allows changes in the work place that make working conditions for you unbearable, and if any other reasonable employee would feel compelled to quit under the same circumstances, you may have a case for this form of wrongful termination.
If you think you have a claim for wrongful termination against your employer the best approach to take is to consult an attorney, preferably a labor attorney who specializes in this area. Another option is to file a complaint with the EEOC, a government agency designed to investigate violations of labor law. Regardless of which path you choose, do not wait long in seeking help. Time is of the essence in these sorts of matters and you would not want a court to throw out your claim because you took to long in filing it.
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Comments on This Topic: There are 7 comments related to:
Employment Law: FLSA, ERISA, Wrongful Termination, Sexual Harassment..
| Kate H says: | 2007-06-18 10:03:39 |
| My friend was recently terminated for being over competent. She asked her boss for more work and more responsibility and her boss felt threatened and let her go. Do you think she has a case? | |
| Nannette Grotheer says: | 2007-08-23 12:45:34 |
| My husband was in charge of making the hospital lab where he worked more user friendly. He moved a computer cable and monitor 1 ft. and was fired over this. Is it possible he has a case? Also how long does he have to file a lawsuit? We lost our savings trying to keep our heads above the water til he found other employment. We are in Oklahoma | |
| Sheila says: | 2007-08-27 13:09:21 |
| I have a severe wrist injury, in which they are aware of, and fibromyalgia. I am disabled. They will not purchase the ergonomic keyboard and mouse to accommodate me. I have emails (proof) where my supervisor is saying she doesn\'t think they can order it, and to ask Marty (Vice President of Houston Operations), and he will not reply to me email. What can I do? | |
| larry watson says: | 2007-12-25 21:52:03 |
| I am writing this letter to ask for some assistance or help with a very unfortunate situation that has occurred in my life. If your office in unable to help I am hoping that you can point me in the right direction. On April 2, 2007 I was wrongfully terminated from Oak Hill Correction Facility. I was discriminated against because of my disability. I started my employment with the agency on 04/10/2006. Everything was going well until July of 2006. While getting acclimated to the job, I was noticing that there was preferential treatment to certain employees. I began to be singled out once I started asking questions about my non-payment of overtime that I worked because I wasn\'t being relieved on time. I have filed proper paper work with EEOC and am awaiting a response. While I am waiting for this issue to be resolved me and my children are suffering. I am really trying to keep my head above water, but I feel myself slipping further and further under. I probably wouldn\'t even bother to write this letter if it was just me I had to worry about. This is affecting the quality of care that I am use to providing and my children deserve. I am not asking for handouts I just want what I am entitled to. I went to my union representative and told him that I was being treated unfairly and not being paid my overtime. He responded that he would look into the matter but nothing ever got resolved. Matters seem to worsen. The more I questioned my supervisor\'s motives for posting me on units far away or complained about my relief not showing up on time the more they retaliated against me. They would make sure that I worked with female officers resulting in me always having to stay over because I could not leave if another female officer would be the relief for the unit I was working on. Two female officers can not work by themselves on a unit; so they would pair me with a female and then say the only relief for the unit was coming but it would be another female. I would ask why if I am forced to work over I am not being compensated. I was told that you are not paid for 1-3 hours of time worked over. Events that I have explained above and more continued to happen until I was notified that I was no longer employed because my term would not be extended. There was no warning of this action. Before receiving a certified letter with this information, I returned to work after my day off and I was informed by another employee that I wasn\'t allowed in the work place and if I entered they were going to notify proper authority to have me removed. I was shock because I had no indications of written or verbal warnings that they were displeased with me or my work performance. In my opinion, I feel that they continued to harass me thinking I would self terminate and when I didn\'t, they thought to terminate my employment as my one year had approach. Their justification for doing this when they did was that they do not have to give you reason for termination as long as you are in your first year. I am asking for my story to be heard and something done about this situation. This should not have occurred and I have not been treated fairly. I hope that your institution will help a devoted father and a tax paying citizen. | |
| bo Sloendak says: | 2008-06-05 12:16:20 |
| What does the law allow for employees to review and sign performance reviews?? have a friend who was fired and trying to collect un-employement but has found out about 6 performance reviews which he knew nothing about, nor did he sigh>>> | |
| Heather says: | 2008-06-24 17:53:58 |
| I recently purchased cellular phones for my own personal use on my own private time. Problem is that i work for an independent cellular retailer and was fired for not purchasing through their store. | |
| Nancy says: | 2008-07-08 12:39:42 |
| I?m not sure if my situation is considered wrongful termination so I would really like to know more about my rights. I currently work for Bebe (In NJ) as a Sales Manager. Bebe is an- at will retail employer. Yesterday my district manager has brought it to my attention that another store has a CO-manger that cannot work at her store location any longer because their payroll can not support her. The company wants to relocate this Co-manger to my store, and transfers me to another location. I am not willing to be transferred, and was told that ?changes are going to be made no matter what.? I feel if I do not comply and relocated that I will be fired or demoted from my position. I have never done anything wrong, and a very good worker. What are my rights? Do I have the right to say no and stay, or can they terminate me just to make room for another person. | |
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