8 Examples of Wrongful Termination

Wrongful termination is any form of dismissal from work that violates the law or the company’s policies. That being said, employees tend to get laid off unlawfully without having an idea. That’s why learning the different examples of wrongful termination is a good start in case you need to make a legal claim.

If you have been fired by your employer in violation of federal/state laws or even the company’s policies, they might be cause for repercussions.

Getting fired wrongfully is never easy but having a valid claim starts with knowing your rights

Examples Of Wrongful Termination

Different situations can count as unlawful termination. If you think any of these examples of wrongful termination cases seems familiar to you, then you may have been unlawfully dismissed. Here are 8 common scenarios:

1 Discrimination: Every employee has the right to be treated equally regardless of their race, gender, religion, political stance, national origin, sexual orientation, color, age, marital status, or disability. Dismissal based on discrimination is often targeted at a protected class or group. For instance, if an employer treats certain employees harshly based on their race or age and goes further to fire them, that conduct might be one of the examples of wrongful termination cases. 

2 Constructive Discharge: Constructive discharge is when an employee chooses to quit. While this seems to not be part of the wrongful termination checklist, there are situations where an employee is influenced to quit due to a hostile working environment, discrimination, or any form of harassment. An example of this could be when an employer reduces a staff’s paycheck or even a demotion without a valid reason can count as constructive dismissal.

3 Violation Of Contract: Even At will employment contract, you may still have rights against unlawful dismissal. An example in this wrongful termination checklist could be a situation where an employer decides to fire an employee after a verbal caution. This can be one of the examples of wrongful termination if the handbook or terms of agreement state after a verbal caution a written warning follows. A breach of contract typically when any party involves violates the agreed requirements.

4 Retaliation For Speaking Out: Employees are sometimes dismissed for choosing to speak out against a hostile environment. This could either be against discrimination, harassment or standing up for themselves and their rights. For instance, when an employee is fired from work after complaining to Hr about the harsh working conditions.

5 Disputes Over Unpaid Wage Or Overtime Work: As far as these examples of wrongful termination go, disagreement over unpaid wage is complex. However, every employee is entitled and has legal protection to receive what they worked for without adverse provocations. The laws surrounding wrongful termination makes it illegal for employers to fire employees for demanding payment for hours worked, minimum wages, or even vacation pay.

6 Violating Public Policies: There are public laws that are mandated to be followed by every employer. Any employee’s dismissal in violation of public policies like the federal Families and Medical Leave Act (FMLA) is part of the wrongful termination checklist. These laws are put in place to create a happy and healthy environment for both parties while protecting the rights of the employees. Firing an employee while on parental leave counts as one of the examples of wrongful termination cases under these laws.

7 Participating In Illegal Act: it is wrong for an employer to expect/ask an employee to commit illegal conduct. This wrongful termination checklist also involves firing an employee for not partaking in discriminatory behavior. Like a situation where an employer demands or requests an employee to alter financial accounts or sabotage another employee. If the retaliation of refusing to do so is firing then this accounts as wrongful termination.

8 Blowing The Whistle At Work: Whistleblowing means reporting illegal activities that take place at work. Employees who report such claims are usually protected by state and federal laws from employment termination or any form of harassment. An example of unlawful termination in this context could be when an employee loses their job for notifying authorities of illegal practices. 

Conclusion

If any of these examples of wrongful termination happens to you, you may have valid reasons to take legal action. It is then important to know your rights, revisit your contract of agreement and when needed get an experienced employment attorney to guide you through the next step.

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