You may have lost your job because it (and your employment) were terminated? In some cases firing an employee may be a case of “wrongful termination.” The law applies this term in specific cases and it helps to be familiar with the aspects of wrongful termination to determine if your dismissal from your job was such a case. The term wrongful termination implies that there was illegality involved in the dismissal (hence the termination was legally “wrong.”). However, not every instance of someone being fired or terminated is a case of wrongful termination.
Breach of implied contract can be an instance of wrongful termination
Here in the United States and elsewhere, the majority of workers are considered “at will employees,” meaning they can be fired from their jobs “without cause” and for any reason. There are aspects of the law, however, which cover such at-will employees who have been fired for illegal reasons ranging from discrimination (based on things such as religion, race, age, etc.), to retaliation and whistleblowing activity.
For employees who have written contracts of employment, their termination could be a breach of that contract and thus be wrong in the eyes of the law.
Definition of wrongful termination?
Because the term is so widespread many people believe (or want to believe) that they have been the victims of wrongful termination. However, specific legal criteria [link https://www.cheatsheet.com/money-career/7-signs-you-were-illegally-fired-from-your-job.html/] have to be met for a case to actually be an instance of wrongful termination. An employer must have violated the law somehow or violated the employment contract terms signed by employer and employee at the beginning of employment. An employer may also have violated public policy. The latter may be covered by statutes specific to those cases and hence a claim of wrongful termination would fall under those statutes. In addition, wrongful termination laws vary from state to state.
Instances of Wrongful Termination
If you are an at-will employee it means that you or the employer may terminate employment at any time, for any or no reason. However, even at-will employees may experience wrongful termination for things like discrimination. Because discrimination is illegal under Federal and state law your termination would in effect be illegal. Being fired on the basis of sex, religion, disability, age, national origin, race and several other bases covered by law are illegal. Federal statutes such as Fair Labor Standards Act (“FSLA”), Family and Medical Leave Act (“FMLA”) and Occupational Safety and Health Act (“OSHA”) as well as others further prohibit actions by the employer that violate those laws. California statutes such as Labor Code § 1173 establish minimum conditions of employment in various industries, including overtime pay requirements. There are additional California laws that impose duties on employers and allow employees to sue their employer for violations of their duties.
The California Fair Employment Practices Act was enacted in 1959 and prohibits discrimination based upon race, color, national origin, gender and religious preference. These laws have been broadened by the California Fair Employment and Housing Act (“FEHA”) (Government Code § 12900, et seq.) These California laws supplement the Federal statutes.For employees who have a signed contract of employment, however, and the employer has in some way violated that contract, a case can be made for wrongful termination. The law may take things a step further and interpret the existence of an “implied contract” between employee and employer in cases where the employer made demonstrably false claims to the employee regarding the job (for example, verbally promising a certain duration of work which the employer did not hold to).
Other instances of wrongful termination could include discrimination, breach of a contract (written or even “implied,” or firing someone for taking time off for jury duty or to vote in an election. Being fired for “whistleblowing” (or exposing some illegal practice of a business or company) can also fall under the banner of wrongful termination. Your employer may also be responsible for failing to provide “Reasonable accommodation” and thereore violating the Americans with Disabilities Act of 1990 which prohibits “discrimination” against qualified individuals with disabilities who can perform the essential functions of the job with or without reasonable accommodation.
Legal Steps in Cases of Wrongful Termination
If you believe that you have been wrongfully terminated, it would be wise for you to contact an employment attorney and also seek unemployment benefits. Working with an attorney will help you determine if you were actually wrongfully terminated and where to go from there. Seeking unemployment will help ease the financial hardship, while you seek new employment. Kyle Scott Law in Tustin is your Orange County resource for cases of wrongful termination. During our free case evaluation we can determine if you have a case for a wrongful termination lawsuit and if so can move forward to defend your rights. Contact the offices of Kyle Scott Law today at 714-544-1460 or 866-757-0959.