Wrongful Termination
What Is Wrongful Termination?
Wrongful termination (also called wrongful discharge or wrongful dismissal) is the term for a fired employee's claim that their termination is unlawful or a breach of contract.
Unlawful termination claims involve charges of harassment, discrimination, or retaliation. You can check the termination laws in your state.
Common Wrongful Termination Examples
Before an employee files a wrongful termination lawsuit, they must ensure their case qualifies under unjust termination laws. Here are typical examples of wrongful termination.
Breach of contract
A breach of contract occurs when an employee is wrongfully terminated for reasons that go against a written contract or the terms outlined in the employee handbook.
For example, if the handbook states that an employee can choose to work remotely, it would be wrong to terminate someone solely for working from home.
Harassment
This violation involves a hostile workplace environment.
An employer cannot fire someone for reporting workplace harassment, such as unwanted sexual advances, threats, or insulting comments, even if the position is at-will.
Discrimination
Discriminatory practices could include an employer treating someone differently or harshly because of their age, race, disability, religion, or sexual orientation.
For example, Ohio wrongful termination laws explicitly prohibit such discrimination under the Ohio Civil Rights Act Title VII.
Retaliation
Retaliation is when an employer fires or punishes an employee for reporting something illegal, such as discrimination, harassment, or unsafe conditions.
In Florida, this decision is a violation of Florida law, wrongful termination protections under the Civil Rights Act, and federal anti-retaliation statutes (42 U.S. Code §12203).
Public policy violation
In this case, wrongful termination of employment occurs when an employer violates public policy, such as firing an employee for exercising rights under federal or state laws, such as the Family Medical Leave Act (FMLA).
How to Avoid Wrongful Termination
As an employer, keeping updated with the labor laws before you discharge an employee is crucial. Sometimes, wrongful termination can be accidental, even for a valid reason.
However, you must consider all factors that can help you avoid wrongful termination of employment. The following are examples to consider:
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Create clear policies and handbooks: Define rules, expectations, and termination procedures that comply with all employment termination laws.
-
Create a detailed employment contract: Make sure you include all termination dates and conditions. Our Employment Contract template can help you with this.
-
Keep detailed records: Document performance issues, incidents, and resolution steps to justify termination decisions.
-
Time terminations carefully: Avoid firing employees near protected events like medical leave or workers’ comp. This can help prevent potential legal issues.
-
Follow all legal requirements: Comply fully with labor laws and maintain fair practices. This helps minimize any possible wrongful termination claims.
Helpful Resources:
Cornell Law - Wrongful Termination
What Is Wrongful Termination?
Wrongful termination (also called wrongful discharge or wrongful dismissal) is the term for a fired employee's claim that their termination is unlawful or a breach of contract.
Unlawful termination claims involve charges of harassment, discrimination, or retaliation. You can check the termination laws in your state.
Common Wrongful Termination Examples
Before an employee files a wrongful termination lawsuit, they must ensure their case qualifies under unjust termination laws. Here are typical examples of wrongful termination.
Breach of contract
A breach of contract occurs when an employee is wrongfully terminated for reasons that go against a written contract or the terms outlined in the employee handbook.
For example, if the handbook states that an employee can choose to work remotely, it would be wrong to terminate someone solely for working from home.
Harassment
This violation involves a hostile workplace environment.
An employer cannot fire someone for reporting workplace harassment, such as unwanted sexual advances, threats, or insulting comments, even if the position is at-will.
Discrimination
Discriminatory practices could include an employer treating someone differently or harshly because of their age, race, disability, religion, or sexual orientation.
For example, Ohio wrongful termination laws explicitly prohibit such discrimination under the Ohio Civil Rights Act Title VII.
Retaliation
Retaliation is when an employer fires or punishes an employee for reporting something illegal, such as discrimination, harassment, or unsafe conditions.
In Florida, this decision is a violation of Florida law, wrongful termination protections under the Civil Rights Act, and federal anti-retaliation statutes (42 U.S. Code §12203).
Public policy violation
In this case, wrongful termination of employment occurs when an employer violates public policy, such as firing an employee for exercising rights under federal or state laws, such as the Family Medical Leave Act (FMLA).
How to Avoid Wrongful Termination
As an employer, keeping updated with the labor laws before you discharge an employee is crucial. Sometimes, wrongful termination can be accidental, even for a valid reason.
However, you must consider all factors that can help you avoid wrongful termination of employment. The following are examples to consider:
-
Create clear policies and handbooks: Define rules, expectations, and termination procedures that comply with all employment termination laws.
-
Create a detailed employment contract: Make sure you include all termination dates and conditions. Our Employment Contract template can help you with this.
-
Keep detailed records: Document performance issues, incidents, and resolution steps to justify termination decisions.
-
Time terminations carefully: Avoid firing employees near protected events like medical leave or workers’ comp. This can help prevent potential legal issues.
-
Follow all legal requirements: Comply fully with labor laws and maintain fair practices. This helps minimize any possible wrongful termination claims.
Helpful Resources:
Cornell Law - Wrongful Termination