Wrongful Termination
Although there is no "wrongful termination" law, the wrongful termination of an employee is encompassed by a variety of other laws and acts. These include, but are not limited to, discrimination, defamation of character, retaliation, breach of contract, and more. If you have been fired for any of these reasons, or feel wrongfully terminated for other reasons, you may be able to take legal action.
Discrimination
Perhaps one of the broadest categories of wrongful termination is discrimination. Wrongful termination due to discrimination includes the termination of your position based on gender, race, creed, disability, pregnancy, or any other aspect of your life or physical
appearance. Our various discrimination sections will further clarify what is considered discrimination in these areas.
Defamation of Character
Dismissal due to defamation of character occurs when an employee has been fired under false, defaming, circumstances. This includes false accusations of stealing, lying, etc. in order for the employer to create an excuse to fire the employee. These slanderous statements are
illegal and being fired due to defamation of character creates grounds for a wrongful termination law suit.
Retaliation
Being fired as a means of retaliation by an employer may occur if an employee has reported illegal actions of the employer. These cases are commonly
Qui Tam law suits, also called whistle blowing. Retaliation cases also occur if an
employee refuses to partake in illegal, or legal but unethical, actions or if the employee refuses to accept sexual advances. Worker's compensation claims may also result in a retaliation firing.
Breach of Contract
Breach of contract firings occur if you are terminated without good cause before your contract expires. These cases are commonly found among union workers, independent contractors, upper management, as well as
athletes and actors. If an official contract does not exist, an employer's policy manual or handbook may be consulted and considered contractual.