Wrongful termination is an illegal employment practice in which an employer decides to terminate the employment relationship it has with an employee, violating state or federal labor laws. Unjustified dismissal can take several forms:
1. Discrimination: Dismissing an employee based on characteristics such as race, gender, religion, age, disability, or origin.
2. Illegal retaliation: When an employee is fired as a way to punish them for exercising their legal rights, such as filing a complaint about workplace harassment or safety concerns.
3. Breach of contract: Where there is a valid employment contract that describes the terms of employment and specifies the conditions of dismissal, violating the conditions set out in this contract may give rise to a claim for wrongful dismissal.
4. Violation of public policy: Firing an employee for reasons that violate public policy, such as reporting illegal activities within the company or refusing to participate in illegal activities.
5. Constructive dismissal: This occurs when an employer creates a work environment so hostile or intolerable that the employee has no choice but to quit. While the employee technically resigns, it is treated as a termination because the resignation was forced by the employer’s behavior.
6. Violations of the Family and Medical Leave Act (FMLA): Firing an employee who was absent for a period of time under approved Family and Medical Leave or terminating him or her shortly after returning from leave.
Knowing the ways in which wrongful termination can occur allows you to be aware in case your employer decides to terminate you suddenly. In this way, you can file a complaint in the event of an unjustified dismissal. Employees who believe they have been wrongfully terminated can consult an employment law attorney to guide them through this complex process. At El Litigante, we are here to support your legal path and fight for your labor rights. Do not hesitate to contact us.