Wrongful termination refers to the illegal dismissal of an employee, which breaks the terms of an employment contract or violates state or federal laws and regulations. This type of termination is often based on discrimination, harassment, or other unfair reasons and can leave employees feeling betrayed and victimized. Understanding wrongful termination is essential to protect yourself from such practices and ensure that you are treated fairly in the workplace.
Defining Wrongful Termination
Wrongful termination is a severe violation that can have serious repercussions for employers and employees. This type of dismissal occurs when an employer dismisses an employee without following the terms of their contract or breaking laws and regulations set by the state or federal government. In wrongful termination cases, victims are entitled to financial compensation for their firing.
Discrimination and harassment are two of the most common causes of wrongful termination.
Discrimination
Discrimination in the workplace is any act or practice of mistreating someone less favorably due to their:
- Race;
- Color;
- Religion;
- Sex (including gender identity, sexual orientation, and pregnancy);
- National origin;
- Age (40 years old or older),
- Disability; or,
- Genetic information.
Discrimination can take many forms, such as denying an employee a promotion because of their race, refusing to hire someone because of their religion, or paying different wages to men and women doing the same job. Discrimination can also occur when employers provide employees with different benefits based on any of the protected characteristics listed above.
Harassment
Harassment in the workplace is any unwelcome behavior that creates a hostile or intimidating environment. Behavior that can constitute harassment includes:
- Sexual comments and jokes;
- Mocking or insulting remarks;
- Unwanted physical contact;
- Threatening advances; and,
- Leering.
This behavior is illegal in the workplace and can lead to wrongful termination as it violates an employee’s fundamental right to be treated with dignity and respect. When employers fail to intervene when faced with evidence of such behavior, they may be liable for wrongful termination.
How Documentation Can Help a Wrongful Termination Case
It is crucial for employees to keep accurate and up-to-date records of any disputes, incidents of discrimination or harassment, performance reviews, emails, work logs, etc. This documentation can be used as evidence of a dispute over wrongful termination.
Keeping thorough records allows employees to provide tangible proof that their employer’s decision was made using improper procedures or was based on discriminatory or harassing behavior. Such documents provide clear evidence of how an employer’s actions were monitored over time and how any issues were not adequately addressed. In addition, having relevant documentation can help speed up the process when filing legal claims as it establishes a timeline of events leading up to the termination.
Actions To Take If You Were Wrongfully Terminated
If you believe you were wrongfully terminated, it is critical to contact an experienced employment lawyer for legal advice and assistance. The nationwide employment lawyers at Weltz Law can help assess your legal options and decide the best course of action. We can also help you collect relevant evidence, such as emails or performance reviews, that may be needed to support your claim. Let us negotiate for you - contact us online or by phone to get started. (877) 905-7671
