Wrongful Termination

Wrongful Termination In this site, you will find very useful and important information about wrongful termination. We can talk about wrongful termination when your employer fired you or laid you off or forced you to quit your job or retire.

Here, you will be given some examples of reasons why you can justifiably claim wrongful termination. Among the reasons, we have:

Discrimination
Employers do not have the legal right to terminate you based only on gender, race, creed, disability and a large variety of other discriminatory reason.
But, you must be careful, because if the type of discrimination is not covered by a specific law, you are not protected from that type of discrimination.

For example, if your employer fires you because you have a different religious belief, you can pursue legal action. But remember that you have to prove that you were terminated because of one of the reasons protected by law. If this happens, you are likely to have a winnable case.

Retaliation
Employers can not terminate you for reporting their illegal actions to the proper authorities (which is also known as whistle blowing). They can not axe you in retaliation for something you legally did o they illegally did, or just because you refused to do something that was against public policy and morality, such as breaking the law.

For example, if your boss fires you for not accepting his sexual advances, you probably have a good shot at winning a lawsuit.

Defamation of Character
You may be able to sue for wrongful termination, in case your employer intentionally defamed you to justify your termination. For instance, if your boss accuses you of stealing, just to use it as an excuse to fire you, you might have a case of wrongful termination.

Breach of explicit or Implied Contract
If you have a written contract which states your employment for a specified period of time, usually employers can not terminate your contract before the specified period ends, although there had a good cause. There are employment contracts which include an "escape clause" that states either part may end the relationship without consequences.

In USA, in the absence of an employment contract, employer's policy manuals, employee agreements and other similar documents are considered.
Having a clear contract is very important in order to avoid wrongful termination.

Constructive Discharge
If you quit because your employer set some conditions that are intolerable, and if any employee would have quit too under the same circumstances, you might have a case for constructive discharge, which is a form of wrongful termination.
However, constructive discharge is not easy to prove.

As you can see, it is very important to know the reasons why wrongful termination may happen. If we are not well informed about the causes, we may not be able to defend our rights.

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