Examples of Wrongful Termination
Termination of employment can be a traumatic and distressing experience for any employee. It can be even more devastating when the termination is wrongful and unjustified. Wrongful termination refers to the act of firing an employee for illegal or unethical reasons, such as discrimination or retaliation.
Over the past 20 years, employment-related lawsuits have increased by a staggering 400%. Employees are becoming more attuned to their rights in the workplace and more educated on what constitutes wrongful termination.
Here are some common forms of wrongful termination:
Discrimination is one of the most common forms of wrongful termination. It occurs when an employer fires an employee on the basis of their age, gender, race, religion, national origin, or any other protected characteristic.
If an employee is fired for reporting illegal or unethical practices within the company, it is considered wrongful termination. This is because whistleblowers are protected by law and cannot be fired for reporting illegal activities.
Retaliation occurs when an employer fires an employee for engaging in protected activities, such as reporting discrimination or harassment, filing a complaint with a government agency, or refusing to engage in illegal activities.
Breach of Contract
Many employees have contracts that outline the terms of their employment. If an employer fires an employee in a manner that violates the employment contract, it is considered wrongful termination. For example, if an employment contract specifies that an employee can only be fired for cause and the employer terminates the employee without any valid reason, it would be a breach of contract and a wrongful termination.
Taking an Approved/Allowable Leave of Absence
Employees are entitled to take leave for various reasons, including medical or family reasons, and cannot be fired for taking time off. Unfortunately, one of the most common forms of this type of wrongful termination occurs when a parent is let go while on maternity or paternity leave.
Contact an Attorney About Wrongful Termination
Wrongful termination can have serious consequences for both employers and employees. Employers should take steps to ensure that they are not engaging in discriminatory or retaliatory practices, and should abide by the terms of employment contracts. Employees who believe that they have been wrongfully terminated should seek legal counsel to protect their rights.
The McGonigle Law Team recently represented the plaintiff in a wrongful termination case with an arbitration award of over $3.5 million. Read the full case study here.
Our team has extensive experience with wrongful termination cases, and we are available to discuss your options. Get in touch with our team so we can evaluate your claims and talk about your situation.
The information contained herein is for general purposes only and does not constitute legal advice.
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