Wrongful Termination Claim - Explained
What is Wrongful Termination?
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Table of ContentsWhat is a Claim of Wrongful Termination?How does a Wrongful Termination Claim Work?Wrongful Termination Claim ExamplesWrongful Termination Claim: Legal ActionAcademic Research on Wrongful Termination Claims
What is a Claim of Wrongful Termination?
An employee who was unlawfully dismissed from work can file a wrongful termination claim. When an employer illegally terminates the job of an employer which is contrary to the terms of the employment contract, wrongful termination claim can be filed against such employer in the court. Wrongful termination is also called wrongful dismissal or discharge, some employers can terminates the appointment of an employee for a number of reasons, such as discrimination or prejudice. Wrongful termination claim is one in which a company has violated the terms of the employment contract, labor laws or the provisions in the employment law.
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How does a Wrongful Termination Claim Work?
An employee who perceived he has been fired for illegal or wrongful reasons can file a wrongful termination claim in a court. In most cases, employees who perceive they can be fired can ask for compensation for damages or negotiate for a suitable package for severance. However, if an employee is fired with no appropriate reason and the termination violates the employment law and labor law in the state, the employee can proceed to file a claim. However, before making a wrongful termination claim, it is important that the plaintiff understands the terms of the employment as well as employment law in the state to avoid the case being thrown out of the court.
Wrongful Termination Claim Examples
Wrongful termination claims can be made for a number of reasons. Below is a highlight of the common reasons why employees file a wrongful termination claim;
- Cause: Although, in some states, an employer can fire an employee without any reason for firing them but this is not acceptable in many states. Especially in a situation where it is stated in the contract of employment that a cause is needed for their termination and the employer terminates their employment with no cause.
- Retaliation: If an employee is fired as a way of the employer punishing him for whistleblowing, a wrongful termination claim can be filed.
- Sexual harassment: This is another reason why employees file a wrongful termination claim. If they are fired because they did not comply with the bidding of the employer to engage in a sexual relationship.
- Discrimination: If an employee is fired because of their color, religion, beliefs, perception, gender or race, a wrongful termination claim can be filed.
- Health Ground: if an employee is fired based on health grounds or health challenges, the Genetic Information Nondiscrimination Act (GINA) empowers such employee to file a wrongful termination claim.
Wrongful Termination Claim: Legal Action
An employee that wants to take a legal action against an employer should consult an attorney before doing so. Seek the counsel of an expert before you file your claim. Attorneys have knowledge about wrongful termination cases and guide plaintiffs through the processes. Also, before taking legal action against an employer, individuals are encouraged to review their employment contract and check for parts of the contract that were defaulted or violated. Obtaining information about who made the dismissal is also helpful.
Academic Research on Wrongful Termination Claims
- The winding road from employee to complainant: Situational and psychological determinants of wrongful-termination claims, Lind, E. A., Greenberg, J., Scott, K. S., & Welchans, T. D. (2000). The winding road from employee to complainant: Situational and psychological determinants of wrongful-termination claims. Administrative Science Quarterly, 45(3), 557-590.
- Toward a wrongful termination statute for California, Grodin, J. (1990). Toward a wrongful termination statute for California. Hastings LJ, 42, 135.
- The Future of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie, Perritt Jr, H. H. (1989). The Future of Wrongful Dismissal Claims: Where Does Employer Self Interest Lie. U. Cin. L. Rev., 58, 397.
- Grudging Defense of the Role of the Collateral Torts in Wrongful Termination Litigation, Gergen, M. P. (1995). Grudging Defense of the Role of the Collateral Torts in Wrongful Termination Litigation. Tex. L. Rev., 74, 1693.
- Wrongful Discharge Claims Raised by At Will Employees: A New Legal Concern for Employers, Olsen, T. A. (1981). Wrongful Discharge Claims Raised by At Will Employees: A New Legal Concern for Employers. Labor law journal, 32(5), 265.
- Wrongful discharge law and the search for third-party effects, Schwab, S. J. (1995). Wrongful discharge law and the search for third-party effects. Tex. L. Rev., 74, 1943.
- The application of referent cognitions theory to legal-claiming by terminated workers: The role of organizational justice and anger, Goldman, B. M. (2003). The application of referent cognitions theory to legal-claiming by terminated workers: The role of organizational justice and anger. Journal of Management, 29(5), 705-728.