Question By: Wrongful termination is a legal term that refers to the unjustifiable dismissal of an employee from their job. While many terminations are legitimate, some individuals find themselves facing job loss under circumstances that violate their rights. Explore the common reasons behind wrongful termination cases, shedding light on the situations that often lead employees to seek legal recourse.
Discrimination:
One of the prevalent reasons for wrongful termination is discrimination. If an employee is fired based on their race, gender, age, religion, disability, or other protected characteristics, it may constitute discrimination. Federal and state laws prohibit employers from making employment decisions based on these factors.
Retaliation:
Retaliation is another common cause of wrongful termination cases. If an employee is fired in retaliation for reporting illegal activities, whistleblowing, or filing a complaint against their employer, it can be deemed wrongful termination. Employees have the right to voice concerns without fear of reprisal.
Violation of Employment Contracts:
When an employer breaches the terms of an employment contract, it can result in a wrongful termination case. Employment contracts may outline specific conditions for termination, such as the need for a valid reason or a notice period. If an employer fails to adhere to these contractual obligations, the terminated employee may have grounds for legal action.
Constructive Discharge:
Constructive discharge occurs when an employer creates a hostile work environment, making it intolerable for the employee to continue working. In such cases, an employee may resign involuntarily due to the unbearable conditions, and this resignation can be treated as a wrongful termination.
Unfair or Arbitrary Treatment:
Wrongful termination can also stem from unfair or arbitrary treatment. If an employer fires an employee without a justifiable reason, without following proper procedures, or without giving adequate notice, it may constitute wrongful termination.
Bracamontes & Vlasak, P.C., also represents employees with wage and hour violations, when employees are not getting paid for overtime, are being forced to work off the clock, are improperly designated as salaried employees or contractors, or are forced to take “comp time” in lieu of overtime pay. For more details, visit: https://bvlawsf.com/employment-law/wrongful-termination/
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