Wrongful termination refers to the illegal or unfair dismissal of an employee from their job. This can occur for a variety of reasons, including discrimination, retaliation, breach of contract, or violation of labor laws.
In the United States, employment is generally considered “at-will,” which means that either the employer or the employee can terminate the employment relationship at any time and for any reason, as long as it is not illegal. However, there are certain exceptions to at-will employment that can make a termination wrongful.
One exception is if the termination is based on discrimination, such as race, gender, age, or disability. Federal and state laws prohibit discrimination in the workplace, and employees who are terminated due to discrimination may have grounds for a wrongful termination claim.
Another exception is if the termination is in retaliation for an employee exercising their legal rights, such as reporting workplace harassment or discrimination, or participating in a legal proceeding related to their job. Retaliation is also illegal and can be grounds for a wrongful termination claim.
A third exception is if the termination violates the terms of an employment contract or collective bargaining agreement. If an employer terminates an employee in violation of the terms of a contract or agreement, the employee may have grounds for a wrongful termination claim.
If an employee believes they have been wrongfully terminated, they may have legal remedies available to them, such as filing a complaint with a government agency or bringing a lawsuit against their former employer. However, it is important to note that wrongful termination claims can be complex and may require the assistance of an experienced attorney.
In summary, wrongful termination refers to the illegal or unfair dismissal of an employee from their job. This can occur for reasons such as discrimination, retaliation, or breach of contract, and employees who believe they have been wrongfully terminated may have legal remedies available to them.