When is a Wrongful Termination Claim Reasonable?
The law protects people based on their membership in certain classes such as gender, race, religion, age, sexual orientation, disability and national origin. If you are fired for any reason related to your membership in these classes, then you may have a legal claim for wrongful termination and you may be entitled to compensation. Keep in mind though that in order for your dismissal to be justifiable it must be both substantively and procedurally fair. This means that there must have been a good reason for the dismissal and the manner in which the dismissal was carried out must have been fair.
Justifiable claims of wrongful termination include discrimination, breach of contract, retaliation, defamation of character, and breach of good faith and fair dealing. In order for discrimination to be justifiable it must be done on the basis of gender, race, creed, disability and other discriminatory reasons. Hence, if your employer fires you because he does not like you on a personal level, that is not discrimination. But if you can prove that he fired you because he does not like you for a reason protected by law, then that is discrimination.
Additionally, your boss cannot fire you for reporting their unlawful actions to the proper authorities or because you refused to do something that was contrary to public policy and sound morality. Also, if your boss falsely accuses you of stealing as an excuse to terminate you, then you might have a case for wrongful termination in violation of public policy. However, before you file your complaint for wrongful termination, speak with a lawyer for counsel and advice because the filing process can be time consuming and costly. Hence, if you believe you have been wrongfully terminated, consider following these steps:
- Record the events regarding your termination.
- Speak with an attorney
- Obtain a copy of your company’s written personnel policies
- Obtain a copy of your personal file
The odds of successfully winning a wrongful termination claim are slim if you are an “at-will” employee because your employer has the right to terminate you for any reason at any time as long as all protections afforded by the state and federal law have been followed. But, it is also important that as an employee you know your rights and recourse when you are wrongfully terminated. So don’t just let your boss fire you easily. If you think you have right to claim, then take heart and do it before it’s too late.
