Common Causes of Wrongful Termination and How to Address Them

Table Of Contents

What Are Common Causes of Wrongful Termination?

Common causes of wrongful termination include discrimination, retaliation, and breach of contract. Discrimination occurs when an employer terminates an employee based on a protected characteristic. Protected characteristics include race, gender, age, religion, or disability. Retaliation happens when an employer fires an employee for exercising a legal right. Exercising a legal right includes reporting workplace harassment or refusing to perform an illegal act. Breach of contract termination happens when an employer violates terms of an employment agreement. An employment agreement outlines conditions of employment and termination.
Wrongful termination also stems from violations of public policy. Public policy violations occur when an employer fires an employee for reasons against established legal principles. Whistleblower protection laws are examples of public policy. An employer cannot terminate an employee for reporting illegal activities within the company. An employer cannot terminate an employee for taking protected leave, such as family or medical leave. An employer must adhere to all applicable labour laws during the termination process.

How Does Discrimination Lead to Wrongful Termination Claims?

Discrimination leads to wrongful termination claims when an employer bases a termination decision on an employee's protected characteristic. Protected characteristics include race, colour, religion, sex, national origin, age, disability, or genetic information. Federal and state laws prohibit discrimination in employment decisions. An employer must have a legitimate, non-discriminatory reason for an employee's dismissal. A termination based on prejudice or bias constitutes discrimination.
An employee proving discrimination often presents evidence of disparate treatment. Disparate treatment involves treating a protected employee differently from other employees in similar situations. An employer might terminate an older employee while retaining younger, less experienced employees. This action suggests age discrimination. An employer might terminate a female employee for an infraction for which a male employee received a lesser punishment. This action suggests sex discrimination.

What Constitutes Retaliation in Termination?

Retaliation in termination constitutes an employer firing an employee for engaging in legally protected activities. Legally protected activities include reporting workplace discrimination or harassment. Legally protected activities also include requesting reasonable accommodations for a disability. An employee has a right to complain about unsafe working conditions. An employer cannot terminate an employee for exercising these rights.
An employer terminates an employee in retaliation when the termination occurs shortly after the employee engages in a protected activity. The timing of the termination raises suspicion. An employee must show a connection between the protected activity and the termination. The employer's stated reason for termination may serve as a pretext. A pretext is a false reason given to conceal the real, unlawful motive.

Addressing Breach of Employment Contracts

Addressing breach of employment contracts involves reviewing the terms of the employment agreement. An employment contract outlines the conditions of employment, duties, compensation, and termination procedures. A breach occurs when an employer fails to honour these agreed-upon terms. An employer might terminate an employee without providing the required notice period. An employer might terminate an employee for a reason not stipulated in the contract.
An employment contract is written or implied. An implied contract arises from employer assurances. An implied contract arises from employee handbooks. An implied contract arises from company policies. An employer's consistent past practice creates an implied contract. An employee addresses a breach of contract. The employee demonstrates the contract's existence. The employee demonstrates the employer's failure to uphold contract terms. The employee seeks remedies for the breach.

Why Are Public Policy Violations Wrongful?

Public policy violations are wrongful because public policy violations undermine fundamental societal principles. Public policy violations undermine legal protections. An employer's right to terminate an employee is not absolute. Public policy dictates certain actions are protected. These actions conflict with an employer's immediate interests. Terminating an employee for upholding public policy discourages ethical behaviour.
An employee terminated for a public policy violation often acts in the public interest. Whistleblower terminations are prime examples. These reports protect the public from harm. Terminating an employee for refusing to commit an illegal act also constitutes a public policy violation.

How to Address Wrongful Termination Claims

To address wrongful termination claims, an employee must gather all relevant documentation and seek legal advice. Relevant documentation includes employment contracts, performance reviews, and termination letters. Any communications related to the termination or underlying issues are also important. An employee must document specific instances of discrimination, retaliation, or contract breaches.
An employee addresses wrongful termination claims by consulting with an employment lawyer. An employment lawyer assesses the strength of the claim. An employment lawyer advises on legal options and potential remedies. These remedies include reinstatement, back pay, and compensatory damages. An employment lawyer guides the employee through the legal process, from negotiation to litigation.

FAQS

What is "at-will" employment and wrongful termination?

"At-will" employment means an employer can terminate an employee for any reason, or no reason, not prohibited by law. Wrongful termination occurs when an employer terminates an employee for an illegal reason. An illegal reason includes discrimination or retaliation.

How long does an employee have to file a wrongful termination claim?

An employee has a limited time to file a wrongful termination claim. The specific timeframe varies depending on the type of claim and governing laws. An employee should consult with a lawyer promptly to understand applicable deadlines.

Does an employee need proof for a wrongful termination claim?

An employee needs proof for a wrongful termination claim. The employee must present evidence supporting the claim of unlawful termination. Evidence includes documents, witness statements, and communications. The employee should gather all available information.

What remedies are available for wrongful termination?

Remedies for wrongful termination include monetary damages and equitable relief. Monetary damages compensate for lost wages and benefits. Equitable relief includes reinstatement to the former position. A court awards remedies based on the specifics of the case.

Can an employee be terminated for poor performance?

An employee can be terminated for poor performance. Poor performance is a legitimate reason for termination. An employer must apply performance standards consistently. An employer cannot use poor performance as a pretext for an unlawful termination.

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