Job loss can be incredibly overwhelming and taxing, but imagine facing it without a justified reason. That’s the basis of wrongful termination. But, how do you tell the difference between a wrongful termination and at-will employment?
Maybe you’re not sure which is which when emotions are high. Understanding the difference between both can help you determine whether or not you have reason to be concerned.
At-will employment offers employers flexibility, but it doesn’t grant employers freedom to violate your rights. Conversely, termination can happen at any time for an employee but it doesn’t necessarily mean lines were crossed.
Understanding what exactly constitutes wrongful termination versus at-will employment can not only provide clarity but also empower you to take informed action. Let’s explore what wrongful termination is, how it differs from at-will employment, and what steps you should take if you think you were wrongfully terminated.
What is At-Will Employment?
At-will employment is a type of job arrangement where either the employer or employee can end the employment relationship at any time, for any reason. Based on employment laws, an at-will employee or their employer can terminate the job without providing a reason or notice. Most jobs in the U.S. are classified as at-will employment.
This flexibility allows employers to adjust their workforce as needed. However, this flexibility is not without limits.
While this allows for termination without notice, it does not permit dismissals that violate specific legal protections. For example, an employer cannot terminate an employee based on race, gender, religion, disability, or in retaliation for reporting illegal activities.
Understanding these exceptions is key to recognizing when your termination met the guidelines for at-will employment or may have crossed boundaries specified in the employee handbook, thus providing a basis for seeking a second opinion.
Exceptions to At-Will Employment
While this style of employment may be commonplace, there are exceptions to at-will rules. These include cases where a contract is already in place, union agreements, or protections against discrimination and retaliation. Even under at-will employment, certain rights are protected.
Union agreements often provide additional protections, ensuring that terminations are handled according to the union’s established rules and procedures.
Furthermore, state and federal laws protect employees from being fired due to discriminatory reasons or retaliation for engaging in protected activities, such as reporting unsafe work conditions. Recognizing these exceptions is crucial as they ensure that employees still have significant legal safeguards against unjust or unlawful terminations that may violate their employment contract.
What is Wrongful Termination?
Wrongful terminations occur when an employee is fired in violation of legal protections or contractual agreements. Unlike a standard at-will termination, it involves a breach of law or contract.
The dismissal typically breaches specific protections outlined in federal or state laws, such as those against discrimination or retaliation. Additionally, it may violate the terms of an employment contract for an at-will employee that guarantees certain conditions or job security.
Wrongful termination can arise from several scenarios where an employee’s dismissal contradicts established legal or contractually established protections.
For instance, if an employee is fired for reporting illegal activities within the company, such as fraud or safety violations, it constitutes retaliation and violates whistleblower protection laws. Similarly, terminating an employee based on race, gender, age, or disability breaches anti-discrimination laws designed to ensure fair treatment in the workplace and violates federal law.
Legal Protections Against Wrongful Termination
1. Discrimination Laws
Legal protections are in place to prevent wrongful termination. These laws protect employees from being fired based on race, gender, religion, disability, or other protected characteristics. Employees are protected from being fired based on race, gender, age, disability, religion, or other protected characteristics.
If an employee is terminated due to these factors, it’s considered wrongful termination under federal laws, like those enforced by the Equal Employment Opportunity Commission (EEOC), or state-specific anti-discrimination laws.
2. Retaliation Protection
Employees who report illegal activities, file complaints about workplace safety, or assert their rights under employment laws are protected from retaliation. If an employee is fired for engaging in these protected activities, it may constitute wrongful termination.
3. Contract Violations
Employees who have a written contract or an implied contract (based on promises or company policies) are protected from being terminated in violation of those terms. For example, if an employee’s contract guarantees job security or specifies conditions for termination, firing them without following these terms can potentially result in a wrongful termination.
Examples of Wrongful Termination
A particularly notable case of wrongful termination occurred over twenty years ago and involved an employee of a hospital who was actively trying to prevent sexual harassment in the facility. Rather than being commended for this effort, she was promptly terminated. She ended up winning an over four million dollar lawsuit.
Signs You Might Be a Victim of Wrongful Termination
1. Unusual Termination Timing
Let’s talk about the obvious indicators.
For one, unusual termination timing. If you get fired shortly after engaging in protected activities, such as reporting illegal behavior or requesting accommodations, this might be a sign of wrongful termination. Another key indicator is if the reason for termination seems inconsistent or vague compared to previous feedback or documented performance.
2. Inconsistency with Company Policies
Termination that doesn’t align with documented company procedures or past practices could indicate a breach of contractual terms or policies. Additionally, if you are dismissed without prior warnings or a clear explanation, it may suggest a violation of due process. Any deviations from standard procedures or unaddressed grievances can further point to a wrongful termination.
3. Lack of Documentation
When a termination is not supported by proper documentation or clear reasons, it may raise questions about the legality of the firing. In such cases, it’s crucial to review your company’s written policies and any previous communications regarding performance and discipline. Discrepancies between documented procedures and the actual termination process can strengthen the case for wrongful termination.
Steps to Take When Suspecting Wrongful Termination
If you want to get ahead of the situation just a bit more, you would be smart to gather and compile evidence. Some of the best ways to do that include the following:
- Documenting everything. Keep records of all written correspondence leading up to your termination.
- Seek legal counsel. This one’s obvious, but be sure to consult with an employment lawyer to understand your rights and get the next steps on how to proceed. An employment lawyer can better help you assess if you have a case.
- Contact HR. If you’re still employed, report any record of unfair practice to Human Resources. They may be able to help you resolve the issue before it leads to termination.
How to Protect Yourself in the Future
Standing your ground and fully advocating for yourself even when it’s hard is probably the most important thing you’ll ever do. Remember to:
- Know your rights. Familiarize yourself with your legal and civil rights. Understand that you are entitled to fair treatment and proper respect.
- Review contracts carefully and thoughtfully. Before putting your name to anything, review contracts. Then, review contracts again. Make sure you understand any terms related to job security.
- Keep a copy of everything. Maintain records – job performance reviews, communications, and any incidents – in writing. This all goes back to the evidence you’ll need to prove wrongful termination if it ever arises.
Contact the Wrongful Termination Attorneys at Barrett & Farahany For Help
Navigating the rights you’re entitled to can be a bit of a challenge if you don’t know yet what you’re fighting for. There are a lot of pitfalls to know and be aware of when it comes to advocating for what you know you deserve.
Document everything, seek advice, and stay alert. By staying informed and proactive, you can protect your career and the future it belongs to.
Barrett & Farahany is an award-winning employment law firm representing employees across 11 different states. Whether you believe you’re the victim of workplace retaliation or are just looking for some answers about your legal rights, do not hesitate to reach out. Call our office at 334-237-7773 or send us a message online for a free consultation.
