Common Causes of Wrongful Termination

Table Of Contents

What is Discriminatory Termination?

Discriminatory termination is an employer's decision to fire an employee based on a protected characteristic. Protected characteristics include an employee's race, colour, religion, sex, national origin, age, disability, or genetic information. Federal and state laws prohibit employers from making employment decisions, including termination, based on these protected traits. An employee has legal protections against such unfair treatment in the workplace.
An employer terminates an employee because of a discriminatory motive. The employer's stated reason for termination often differs from the actual discriminatory reason. An employer might invent a performance issue or a policy violation to mask the true discriminatory intent. An employee suspecting discriminatory termination should gather evidence supporting the employee's claim of bias.

How Does Retaliation Lead to Wrongful Termination?

Retaliation leads to wrongful termination when an employer fires an employee for exercising a legally protected right. Employees have several legally protected rights in the workplace. These rights include reporting harassment, filing a complaint about discrimination, or participating in an investigation into illegal workplace practices. An employer cannot punish an employee for asserting these rights.
An employer terminates an employee shortly after the employee engages in a protected activity. This close timing often suggests a retaliatory motive. An employee might report unsafe working conditions. The employer then terminates the employee a few weeks later. The employee's termination is likely a retaliatory act by the employer.

What is Breach of Contract Termination?

Breach of contract termination is when an employer dismisses an employee. The employer violates an express or implied employment contract. Many employees work under an at-will employment doctrine. At-will employment means an employer terminates an employee for any reason. The reason is not prohibited by law. An employment contract changes the at-will relationship.
An employment contract outlines specific terms and conditions for an employee's employment. The contract specifies reasons for termination, such as gross misconduct or failure to meet performance targets. An employer breaches the contract by terminating an employee without a contractually valid reason. The employee then has grounds for a wrongful termination claim against the employer.

Why is Public Policy Violation a Cause for Wrongful Termination?

Public policy violation is a cause for wrongful termination when an employer fires an employee for reasons that contravene a well-established public policy. Courts recognise certain public policies that protect employees from adverse actions. These policies safeguard fundamental societal interests and employee rights. An employer cannot undermine these important protections.
An employer terminates an employee for refusing to commit an illegal act. The employee's refusal to break the law aligns with public policy. An employer also terminates an employee for performing a public duty, such as jury service. Such a termination violates public policy. The employee has a valid claim for wrongful termination.

Is Constructive Discharge A Wrongful Termination Cause?

Constructive discharge constitutes a wrongful termination where an employer creates intolerable working conditions, forcing an employee to resign. An employer does not explicitly fire the employee. The employer instead makes the work environment so unbearable that a reasonable person in the employee's position would feel compelled to quit. The employee's resignation is not voluntary.
An employer subjects an employee to severe harassment or discrimination. The employer reduces an employee's responsibilities significantly without cause. An employer assigns an employee to tasks far below the employee's skill level as a form of punishment. These actions make continued employment impossible for the employee. The employee's resignation is effectively a termination by the employer.

Wrongful Termination Through Employment Law Violations

Specific violations of employment law cause wrongful termination when an employer acts contrary to established labour statutes. Numerous federal and state laws govern the employment relationship. These laws cover aspects like wages, hours, safety, and leave entitlements. An employer must adhere to these legal requirements.
An employer terminates an employee for taking leave protected by law, such as family and medical leave. An employer fires an employee for reporting wage theft or other labour law infractions. The employer's actions directly contravene statutory provisions. These terminations are unlawful under employment law.

FAQS

What is the most common reason for wrongful termination?

The most common reason for wrongful termination is often discrimination. Employers terminate employees based on protected characteristics. Retaliation for exercising legal rights is also a frequent cause. Many wrongful termination claims involve these two factors.

How can an employee prove wrongful termination?

An employee proves wrongful termination by presenting evidence. Evidence includes employment contracts. Evidence includes performance reviews. Evidence includes emails. Evidence includes witness statements. A legal professional assists an employee in gathering evidence. A legal professional assists an employee in presenting evidence.

Are all unfair terminations considered wrongful?

Not all unfair terminations are considered wrongful. An unfair termination is only wrongful if the termination violates a law, a contract, or public policy. Many terminations are simply unfair. These terminations remain legal.

What evidence supports a discrimination claim?

Evidence supporting a discrimination claim includes disparate treatment compared to other employees. Documented discriminatory remarks or actions also serve as strong evidence. Statistical data showing a pattern of discrimination strengthens an employee's case.

What is the typical timeframe for a wrongful termination claim?

The typical timeframe for a wrongful termination claim varies. Legal deadlines, known as statutes of limitations, apply to these cases. An employee must file a claim within specific time limits. An employee should consult with a legal professional promptly.

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