Most Common Types of Wrongful Termination

After a termination, an employee might feel this decision is illegal or unethical. This is when wrongful termination conversations begin. Understanding the nuances of such occurrences is vital for both sides of the employment fence. A comprehensive perspective is critical for employees who feel wronged and HR professionals navigating company policies. Below, we explore the most common types of wrongful terminations and their associated consequences.

Constructive Discharge

A less overt form of wrongful termination is constructive discharge, which occurs when working conditions become so intolerable that an employee feels compelled to resign. This may stem from a significant change in job duties, a cut in pay, a demotion, or workplace harassment.

The idea is that the employer has effectively forced the employee to quit. The impact of such conditions leads to emotional distress and financial instability for the employee, while employers may face serious legal consequences for enabling this environment.

Discrimination

One of the most common types of wrongful termination is discrimination. Termination becomes unlawful based on an employee’s race, color, religion, sex, national origin, age (over 40), disability, or genetic information.

US laws such as the Civil Rights Act of 1964 and the Americans with Disabilities Act protect employees from such discrimination. Despite pervasive awareness campaigns and training programs, discrimination still exists and often necessitates legal recourse.

Retaliation

Employers may not terminate workers out of retaliation, including firing an employee for making a complaint about unsafe work conditions, harassment, or legal activities outside of work. Retaliation can take many forms, but it typically involves an employer punishing an employee for engaging in legally protected activities. The legal implications of retaliation are significant. Employers face employee reinstatement and payment of back wages and legal fees.

Breach of Contract

Wrongful termination claims often arise from a breach of contract. If an employee has an employment contract that promises job security for a certain period or sets specific conditions for termination, any break from those terms could constitute a breach. It’s vital for employers and employees to understand their contracts’ layers, as the legal ramifications for contract breach terminations are particularly severe given the written nature of the agreements.

Violation of Public Policy

Terminating an employee for reasons that violate public policy is also wrongful. Such violations include firing someone for taking time off to vote, serve on a jury, or serve in the military. It’s illegal to terminate employment for reasons society recognizes as illegitimate grounds for dismissal.

It’s crucial to dispel wrongful termination myths to understand the magnitude of these circumstances and their consequences. As seen in constructive discharge and public policy violation cases, there are scenarios where the departure isn’t straightforward but still represents an unlawful firing.

Employees and HR professionals must recognize the signs of wrongful termination and understand the appropriate measures to take. Whether you’re being terminated or overseeing the processes, knowledge is your strongest defense and tool.