Wrongful termination refers to the unlawful dismissal of an employee from their job, typically in violation of employment laws, regulations, or contractual agreements. It occurs when an employer terminates an employee’s employment for reasons that are discriminatory, retaliatory, or in breach of employment contracts, public policy, or statutory rights. Wrongful termination may involve various forms of unlawful conduct, such as firing an employee based on their race, gender, age, disability, religion, or other protected characteristics, or retaliating against an employee for whistleblowing, reporting illegal activities, or exercising their legal rights. Employees who believe they have been wrongfully terminated may pursue legal action against their employer, seeking remedies such as reinstatement, back pay, front pay, damages for lost wages, benefits, emotional distress, or punitive damages. Wrongful termination laws vary by jurisdiction, and legal remedies may depend on the specific circumstances of each case.
n. a right of an employee to sue his/her employer for damages (loss of wage and “fringe” benefits, and, if against “public policy,” for punitive damages). To bring such a suit the discharge of the employee must have been without “cause,” and the employee a) had an express contract of continued employment or there was an “implied” contract based on the circumstances of his/her hiring or legitimate reasons to believe the employment would be permanent, b) there is a violation of statutory prohibitions against discrimination due to race, gender, sexual preference or age, or c) the discharge was contrary to “public policy” such as in retribution for exposing dishonest acts of the employer. An employee who believes he/she has been wrongfully terminated may bring an action (file a suit) for damages for discharge, as well as for breach of contract, but the court decisions have become increasingly strict in limiting an employee’s grounds for suit.
Wrongful termination, also known as wrongful dismissal or wrongful discharge, occurs when an employer terminates an employee’s contract of employment in breach of the law or in violation of the terms of the employment agreement.
Common examples of wrongful termination include termination based on discriminatory reasons (such as race, gender, age, or disability), retaliation for exercising legal rights (such as whistleblowing or filing a complaint), or in violation of employment contracts or company policies.
Laws protecting against wrongful termination vary by jurisdiction but may include federal or state anti-discrimination laws, labour laws, wrongful dismissal laws, and breach of contract laws.
To determine if your termination was wrongful, you should review your employment contract, company policies, and applicable employment laws. If you believe you were terminated unfairly or illegally, you may consider consulting with an employment lawyer to assess your situation.
If you believe you’ve been wrongfully terminated, document the circumstances surrounding your termination, including any discriminatory remarks or actions, retaliatory behaviour, or violations of employment agreements. You may consider filing a complaint with the relevant government agency or seeking legal advice.
Some of the remedies for wrongful termination may include reinstatement to your former position, back pay for lost wages, compensation for emotional distress or punitive damages, and attorney’s fees and court costs. The specific remedies available depend on the circumstances of the case and applicable laws.
In at-will employment states or jurisdictions, employers generally have the right to terminate employees for any reason or no reason at all, as long as the reason is not illegal or discriminatory. However, there are exceptions to at-will employment, such as when there is an implied or explicit employment contract.
No, it is illegal for an employer to terminate an employee in retaliation for whistleblowing, which involves reporting illegal or unethical behaviour within the company. Whistle-blower protection laws prohibit retaliation against employees who report violations of law or company policies.
The statute of limitations for filing a claim for wrongful termination varies by jurisdiction and the type of claim. It’s important to consult with an employment lawyer promptly to ensure you meet any applicable deadlines for filing a claim.
Yes, you may be able to negotiate a settlement with your former employer for wrongful termination. It’s advisable to consult with an employment lawyer to assess the strength of your case and explore options for negotiating a fair settlement.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 29th March, 2024.
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