Crying Out Foul! (Justifying a Wrongful Termination Claim)

Getting fired or being terminated from work is a devastating experience. Ideally it should happen to an employee who have been irresponsible at his job or have committed gross mistakes resulting to company loss.

However, the fact of life is that, even a striving, conscientious worker can get fired, as they say, bad things do happen to good people. Being aware of how to determine a case of wrongful termination may be a great help to file for wrongful termination case.

While there are lots of just reasons for a worker to be terminated, there are also limits to the reasons for terminating one. There is actually no law regarding wrongful termination per se, however, there are some state and federal laws with specific provisions protecting workers or employees from being a victim of wrongful termination.

According to such laws, there is a possibility of wrongful termination if the employer fired or laid-off an employee and forced an employee to quit his work or retire. If you have grounds to believe that you have been wrongfully terminated, there are several examples of reasons to justifiably claim wrongful termination.

Employers cannot discriminate their employees and legally terminate them just because of their gender, race, beliefs or religion, disability and other discriminating issues. However, if an issue involving a certain type of discrimination is not covered under a specific law, the employee may not be protected from such.

An example of an issue being not discrimination by law is when an employer fires his worker because he does not like him or her on a personal level, whether or not there is good cause for his dislike. For an employee to establish a strong wrongful termination case on the basis of discrimination, he has to prove that his employer does not like him for reasons protected by existing laws and consequently fired him because such reasons.

Employers can not terminate an employee because he she reported to proper authorities after discovering some illegal actions being committed by the employer. An employer can not fire an employee as retaliation for doing what is right according to the law. In like manner, if an employee willfully objected to do something for his or her employer because it is against public policy or sound morality, firing them as retaliation to their refusal constitutes wrongful termination.

There are limits to what an employer can make an employee do. If it is clearly violating the law, the employee has every right to resist his or her employer’s command or instructions.

Intentional defamation that leads to termination is also another form of wrongful termination case. Specific job or employment contracts signed by an employee before or in the duration of employment may become a basis to determine wrongful termination. It is necessary to review the terms of employment contract signed by both parties because it can be possible that the employer committed breach of explicit or implied contract.

A dedicated and long-term employees terminated by employer just to avoid granting them the rewards they have earned or for other manufactured reasons may constitute a breach of good faith and fair dealing. This can also be a justifiable enough reason for filing a wrongful termination case against the employer.

A form of wrongful termination, called constructive discharge, has an entirely different scenario. An employee can be forced to quit his or her job because of changes instituted by the employer that made working conditions extremely trying and difficult. Even if the employer did declare the actual termination, the employee can still justify such circumstances as wrongful termination. This case could be a tough one to prove, though.

These are several ways to justifiably claim a wrongful termination case. Every person must not hold back from crying out foul once they smell a rat, so to speak.