A wrongful termination claim is filed in a court of law by someone who believes they were unjustly or illegally fired from their job. Wrongful termination claims involve an alleged violation of federal or state antidiscrimination laws, oral and written employment agreements/contracts, or labor laws, including collective bargaining or whistleblower laws. Employees who feel their termination was a form of sexual harassment or in retaliation for having filed a complaint against the employer may also file a wrongful termination claim.
Key Takeaways
- A wrongful termination claim is a lawsuit-like action that an employee files against an employer whom they feel has fired them illegally.
- Most wrongful termination claims are based on a violation of state or federal laws, but they can also represent a breach of an employment contract.
- Types of wrongful termination claims can include dismissal due to discrimination, medical history, retaliation for whistleblowing/complaint filing, organizing a union, or without contractual cause.
- Compensation for wrongful termination can include monetary damages and/or restoration of employment.
Navigating Employment Termination: A Deep Dive
In the United States, employment in most states is considered ‘at will,’ meaning that employers neither need to have a reason to fire a worker nor give advance notice of termination (though many do issue formal notices to allow workers to obtain COBRA health benefits and unemployment insurance benefits). Still, employment-at-will does not mean that businesses can discharge employees completely at their discretion. Firing people for certain reasons or motives is not permitted, especially if it violates state or federal laws or breaches a contract of some sort.
Individuals who feel their involuntary dismissal represents such a violation can file a wrongful termination claim against their employer. A wrongful termination claim is like a lawsuit—the employee is bringing an action against their former company and seeking compensation for being unfairly fired.
If the employee prevails, then the compensation for wrongful termination can include monetary damages based on lost wages, job hunting costs, and other expenses. An employee could also ask to have their job restored or be given a comparable position. Depending on the grounds of the claim (see below), the employer might also face statutory penalties.
Types of Wrongful Termination Claims
Employees can file wrongful termination claims on several grounds. Some of the most common include:
Discrimination
Someone fired because of their
Related Terms: discrimination, retaliation, employment contract, medical history, labor union, whistleblower
References
- U.S. Equal Employment Opportunity Commission. “Who Is Protected Against Discrimination?”
- U.S. Department of Labor. “Termination”.
- U.S. Equal Employment Opportunity Commission. “How to File a Charge of Employment Discrimination”.
- U.S. Occupational Safety and Health Administration. “The Whistleblower Protection Program”.
- U.S. Equal Employment Opportunity Commission. “Genetic Information Discrimination”.
- U.S. National Labor Relations Board. “National Labor Relations Act”.
- Nolo. “Wrongful Termination: Was Your Firing Illegal?”
