Wrongful Termination
The ACLU estimates that 150,000 people are wrongfully terminated each year in the United States [ACLU]. Wrongful termination is an allegation that an employee was fired without proper cause or on discriminatory grounds. Many such allegations result in wrongful termination or wrongful discharge lawsuits, in which plaintiffs often sue for lost wages, compensatory damages, attorney’s fees, punitive damages, reinstatement or required reasonable accommodations.
There are many potential reasons for a wrongful termination suit. If an employee is fired under any of the following circumstances, he or she may decide to sue:
- Before the end of a contract
- Reporting a supervisor or “whistleblowing”
- Refusing to do something illegal or to work in illegal conditions
- For reasons that appear to violate federal or state anti-discrimination laws
- Taking time off to vote or perform military service
- Without receiving sufficient warning prior to termination, as specified in the employee’s contract or personnel handbook
- Refusing to submit to a lie detector test
- Complaining about OSHA violations or unsafe working conditions
The Immigration Reform and Control Act bars most employers from terminating an employee based on alien status, as long as that person is legally allowed to work in the U.S.
Whether considering a wrongful termination suit for one of the above reasons or any other, it’s best to consult an employment lawyer.
