The Legal Grounds for Suing Wrongful Termination: Understanding Your Rights

In the vast majority of U.S. workplaces, employees are considered 'at-will' workers, meaning employers can terminate employment at any time for any reason, as long as the reason is not illegal. However, there are important exceptions that protect employees from wrongful termination.

Understanding At-Will Employment

At-will employment is a term used in U.S. labor law to describe contractual relationships where an employee can be dismissed by an employer without having to establish a specific cause or justification, as long as the reason is not illegal, such as discrimination, retaliation, or engaging in protected activities.

Discrimination and Wrongful Termination

(Discrimination) refers to taking action against someone due to a protected class, including age, race, sex, disability, political affiliation, religion, and national origin. If you believe you have been terminated due to discriminatory practices, you may have a viable case for wrongful termination.

Retaliation and Wrongful Termination

(Retaliation) includes any negative actions an employer takes after an employee participates in a protected activity, such as whistleblowing, protesting or reporting discrimination, filing a workers' compensation claim, requesting a protected leave, or participating in a protected activity like voting or completing jury duty. Common retaliatory actions may include decreased compensation, demotion, disciplinary actions, and termination.

Protected Activities and Legal Actions

There are several reasons an employer may not lawfully terminate an employee. These include:

Discrimination based on protected classes. Retaliation for engaging in a protected activity, including whistleblowing and protesting. Participation in a workers' compensation claim or protected leave. Engaging in protected activities like voting or completing jury duty. Participating in union discussions or filing a lawsuit.

Steps to Take if You Believe You Have Been Wrongfully Terminated

If you are a U.S. resident and believe you have been wrongfully terminated, the first step is to determine if your state is an 'at-will' employment state. If it is, you may not have a case. However, if you are in a state that upholds specific protections for employees, you have more options.

Seeking Legal Remedies

If you have evidence of wrongful termination, it is crucial to seek legal counsel. Legal experts can help you understand your rights and potential remedies, which may include:

Compensation for lost wages and benefits. Reinstatement to your original or a similar position. Legal fees and costs.

Conclusion

While the majority of employees are subject to at-will employment, this does not provide carte blanche for employers to terminate employees without cause. Discrimination, retaliation, and other protected activities offer grounds for challenging wrongful termination. Understanding your rights and seeking legal advice can be crucial if you believe you have been unjustly terminated.