While many stipulations of employment are “at will” (meaning that an employer or employee may terminate the employment at any time without reason), sometimes a wrongful termination lawsuit is possible under certain conditions or circumstances. It is important to know what qualifies when pursuing legal recourse.
Under most circumstances, an at-will employee may be discharged without explanation as long as the termination is not illegal. Examples of an illegal termination include discrimination, violations of public policy, fraud, retaliation, defamation, or whistle-blowing violations. All of these are illegal conditions in which an employee may have a case for wrongful termination.
Cases brought against an employer for discrimination may include termination due to your race, color, national origin, gender, religion, age, disability, or genetic information. Violations of public policy are situations that may involve disclosing a company practice of refusing to pay employees their earned commissions and accrued vacation pay, serving on a jury, taking time off work to vote, serving in the National Guard or other military service, or notifying authorities regarding wrongdoing harmful to the public, otherwise known as ‘whistle-blowing’. Each of these is deemed illegal and there are varying regulations following both federal laws as well as specific state bylaws.
Employers are also prohibited from terminating employment as retaliation for any legally protected rights. An example may include dismissal due to an employee filing a complaint with the Equal Employment Opportunity Commission, or lodging a complaint for any of the reasons mentioned above.
Fraud and defamation are also potential reasons to seek a wrongful termination suit. In the case of fraud, if an employer willfully lied about the requirements of a position, or other misrepresentation during recruitment, they may be held accountable. Defamation involves a previous employer making false and malicious statements during recommendation processes that are hindering your ability to secure employment elsewhere.
Due to the complexity of a wrongful termination lawsuit, seeking professional legal advice is imperative.
Source: NOLO
