If you are wrongfully terminated? Learn what qualifies as wrongful termination, your rights as an employee, and how Shaker Law Group can help. Losing a job is never a pleasant experience, but in some cases, it may also be illegal. Wrongful termination occurs when an employer violates state or federal laws, employment agreements, or public policy when firing an employee. For workers who feel they have been wrongfully terminated, understanding what counts as unlawful dismissal is the first step toward seeking justice.
This blog dives deep into the nuances of wrongful termination, providing clarity on who it affects, the laws designed to protect employees, and how you can take action if you believe your dismissal was unlawful. Read on to learn what you need to know about your rights as an employee.
What Is Wrongful Termination?
Wrongful termination refers to an employer’s decision to terminate an employee in a way that breaches the law, public policy, or the terms of an employment contract. While many employees are employed “at-will” in most states, meaning they can be dismissed for nearly any reason, certain exceptions safeguard employees from being fired without cause.
If your employer’s reason for termination violates your rights, it may be considered wrongful termination, giving you legal grounds to seek compensation or reinstatement.
Common Bases for Wrongful Termination
Here are some of the most common circumstances under which termination might be deemed unlawful:
1. Discrimination
Firing an employee based on protected characteristics such as race, gender, religion, age, disability, national origin, or sexual orientation violates state and federal anti-discrimination laws. For instance, it would be illegal for an employer to terminate an individual because they are pregnant or over the age of 40.
2. Retaliation
It is illegal for an employer to terminate an employee as retaliation for engaging in legally protected activities. For example:
- Filing a complaint about harassment or discrimination
- Reporting workplace safety violations
- Becoming a whistleblower by reporting company misconduct to authorities
- Participating in a government investigation
Retaliation claims are among the most common types of wrongful termination cases.
3. Violation of Employment Contracts
If an employee is under a signed employment contract or implied contract that guarantees job security or specific conditions for termination, dismissals that breach these terms can be considered wrongful. Employers must adhere to the agreed-upon stipulations of the contract, whether explicitly stated or reasonably implied.
4. Breach of Public Policy
Employees cannot be terminated for reasons that go against public policy. For example, an employer cannot legally dismiss an employee for:
- Refusing to engage in illegal activities
- Taking time off to vote or fulfill jury duty
- Exercising legally protected leave rights, such as family or medical leave under the Family and Medical Leave Act (FMLA).
5. Constructive Dismissal
Sometimes, wrongful termination doesn’t involve an outright firing. Constructive dismissal occurs when an employer intentionally makes the workplace so intolerable that the employee is forced to resign. Examples include unbearable hostility, demotion without valid reason, or sudden and unjustified pay cuts.
How Can You Prove Wrongful Termination?
If you suspect your dismissal was illegal, you’ll need evidence to support your claim. Here are essential steps to take.
1. Review Employment Contracts
Check any written or implied contracts, employee handbooks, and company policies related to termination. If your employer violated their stated policies or contractual obligations, this could strengthen your claim.
2. Document Incidents Leading to Dismissal
Keep detailed records of events surrounding your termination, including email correspondence, performance reviews, complaints you have filed, and conversations with management. This evidence can provide vital context showing your dismissal was unjustified.
3. Identify the Law(s) Violated
Wrongful termination typically involves breaking a specific federal or state law. For example:
- Discrimination laws under
- Title VII of the Civil Rights Act
- The Americans with Disabilities Act (ADA)
- The Age Discrimination in Employment Act (ADEA)
Whistleblower protection laws
Understanding the breached law will help contextualize your claim.
4. Seek Witness Support
Colleagues who can corroborate your side of the story may play a crucial role as witnesses, particularly in cases of discrimination or retaliation. Their testimony can strengthen your case significantly.
5. Consult an Experienced Employment Lawyer
Perhaps the most crucial step is to seek professional legal advice. A qualified employment attorney can assess whether you have a valid claim, guide you through the documentation process, and advocate on your behalf in negotiations or court if necessary.
Legal Remedies for Wrongful Termination
If your case qualifies as wrongful termination, legal action may offer several remedies.
Compensation
Employees who win wrongful termination cases may be awarded compensation for lost wages, lost benefits, emotional distress, and punitive damages. Punitive damages are meant to punish employers for particularly egregious conduct and deter similar actions.
Reinstatement
Under some circumstances, the court may order an employer to reinstate a wrongfully terminated employee. This remedy is often applied in cases where an individual was fired for whistleblowing or reporting illegal practices.
Settlements
Many wrongful termination cases are settled out of court. Employers may offer a settlement to avoid the cost and public scrutiny of a lengthy legal battle. Legal counsel can help negotiate a fair amount for the harm you’ve experienced.
Injunctive Relief
If an employer violated public policies or contractual obligations, you may also pursue injunctive relief, requiring them to change their workplace policies or contracts to prevent future retaliation or injustice.
Shaker Law Group Is Here to Advocate for You
If you believe you’ve been wrongfully terminated, it’s essential to act quickly. Employment laws vary by state, and time limits for filing claims, known as statutes of limitations, are typically strict.
At Shaker Law Group, we’re committed to protecting your rights and fighting for justice. Our experienced employment attorneys specialize in navigating the complexities of wrongful termination cases, ensuring you get the resolution you deserve. Located in Beverly Hills and serving Los Angeles and all of Southern California, we’re here to provide expert guidance and representation every step of the way.
Take Action Today
Unjust terminations can feel overwhelming, but you don’t have to face this challenge alone. Contact Shaker Law Group for a consultation to explore your options. Let us stand by your side and work toward the justice you deserve.
