Violation of Public Policy

 

Wrongful termination cases involve situations where an employee is unlawfully fired from their job in violation of state or federal laws, employment contracts, or public policy. These cases typically arise when an employee believes they were terminated for reasons that are illegal or unjust, such as discrimination, retaliation, or violation of employment agreements. Here's an overview of wrongful termination cases:

1. Discrimination: Wrongful termination based on discrimination occurs when an employee is fired because of their race, color, national origin, gender, age, disability, religion, or other protected characteristic. Discrimination can take various forms, including being passed over for promotion, unfairly disciplined, or terminated based on discriminatory motives.

2. Retaliation: Wrongful termination due to retaliation occurs when an employer fires an employee in retaliation for engaging in protected activities, such as whistleblowing, filing a complaint of harassment or discrimination, or exercising their legal rights. Retaliation can also occur if an employee refuses to participate in illegal activities or reports violations of law or company policies.

3. Breach of Contract: Wrongful termination based on breach of contract occurs when an employer terminates an employee in violation of an employment contract or agreement. This may include termination without cause when the employment contract specifies certain conditions for termination or provides for a specific duration of employment.

4. Violation of Public Policy: Wrongful termination based on violation of public policy occurs when an employer fires an employee for reasons that contravene public policy or statutory protections. For example, terminating an employee for refusing to engage in illegal activities or for exercising their rights under workers' compensation laws may constitute wrongful termination.

5. Constructive Discharge: Constructive discharge occurs when an employer creates such intolerable working conditions that an employee is effectively forced to resign. In these cases, the employee may have grounds to claim wrongful termination if they can demonstrate that the employer's actions amounted to a breach of the employment relationship.

6. Whistleblower Retaliation: Wrongful termination of whistleblowers occurs when an employer fires an employee in retaliation for reporting illegal or unethical conduct within the company or to external authorities. Whistleblower protection laws provide safeguards for employees who expose wrongdoing and prohibit retaliation against them.

7. Violation of Implied Contracts: Wrongful termination based on violation of implied contracts occurs when an employer breaches implied promises or obligations regarding job security or termination procedures. This may include terminating an employee without following established disciplinary procedures or implied assurances of continued employment.

Employees who believe they have been wrongfully terminated may file a lawsuit against their employer seeking damages for lost wages, benefits, emotional distress, and other harm caused by the termination. It's essential for employees to consult with an experienced employment lawyer to assess the circumstances of their termination, understand their legal rights, and determine the best course of action for seeking redress.