No one likes getting fired. Business owners and managers fire workers for many reasons. These include poor performance and business slowing down. In some cases, though, firing employees is illegal. Wrongful termination applies in such cases. Let’s explore some different types of wrongful termination and when they apply.
Types of Wrongful Termination
Most states have “at will” rules, which means workers can be fired for almost any reason. There are several exceptions.
Implied Contract
Suppose John hires Mike in his construction business, saying, “You’ll be able to work at least through the summer.” But then, in August, John fires Mike, explaining that business was slower than he anticipated. John could violate an implied contract.
Whistleblowing
A whistleblower is someone who exposes illegal or unethical behavior at their workplace. This could be anything from unsafe working conditions to product safety to laws violating consumer protection.
Discrimination
Discrimination is targeting someone for characteristics such as:
- Race
- Gender or gender identity
- Sexual orientation
- National origin
- Age
- Disability status
Harassment
Workplace harassment includes words or actions that make a worker feel uncomfortable, targeted, or bullied. It includes:
- Sexual harassment
- Cyberbullying
- Disability harassment
- Psychological or verbal harassment.
Harassment doesn’t always mean someone was fired. If the worker quits because of a hostile work environment, this can qualify as wrongful termination. Below, we’ll look at a case like this.
Social Media
Employers sometimes fire workers because of posts on social media sites. Social media is still relatively new, and laws are still being updated. An employer can fire workers for some types of social media content. This includes discriminatory posts or revealing proprietary information about the business. In some cases, firing someone over social media posts is wrongful termination.
You have the right to post truthful information about the business (as long as it’s not a trade secret). The same is true for posting information about your beliefs or lifestyle. In this case, firing you could be considered discriminatory. Each case is different. Legal experts are still debating many aspects of social media, free speech, and the rights of employers vs. employees.
You Need Proof
How do you prove wrongful termination? Employers sometimes need to be more honest about their reasons for firing people. For example, you may have been fired due to race, gender, or disability. Most people won’t come right out and say that they discriminated against you. They’ll probably invent another reason, such as incompetence or tardiness. Proving your case requires evidence. This can include documentation, accounts from witnesses, and looking at the employer’s past behavior.
Well Known Cases
Here are some high-profile wrongful termination cases. These include a few different types of wrongful termination.
Pennsylvania State Police v. Suders: Harassment
Nancy Drew Suders was a dispatcher with the Pennsylvania State Police. She quit her job, claiming sexual harassment from her superiors. Her supervisors, meanwhile, accused Suders of theft and arrested her. Suders never filed an internal complaint with the police department. This case went to the Supreme Court, which ruled in her favor.
This case is notable because Suders quit her job and wasn’t fired. This shows wrongful termination laws can apply even when the employee isn’t fired.
Siani & Law v. University of Colorado: Whistleblowing
Two employees of the University of Colorado at Boulder, Richard Siani and Michael Law, reported that the university was improperly disposing of toxic wastes. Both were fired. They won their case and were awarded $600,000.
Spaeth v Walmart: Discrimination
In this high-profile case, Marlo Spaeth, a Walmart employee with Down Syndrome, was fired. Walmart was charged with increasing Spaeth’s hours, which made it difficult for her to work, given her disability. A jury awarded Spaeth over $125 million.
Guidelines if You’re Facing Wrongful Termination
Taking the appropriate steps is essential if you believe you’ve been unfairly fired.
Think Before You Act
It’s understandable to be upset if you’ve been fired. However, threatening your employer can backfire. For one thing, you’re giving them more time to prepare their defense. Talk to a lawyer before you communicate with your employer at all.
Research State Laws
As wrongful termination laws vary by state, it’s worth looking up the rules that apply in your state. This will give you a general idea of your rights and whether you will likely win a legal case.
Gather Proof
The more evidence you have supporting your point of view, the better. Collect text messages and emails—contact co-workers who can back up your case. Look for any evidence that could be relevant.
Contact an Attorney
Don’t try to handle a legal case by yourself. It’s more complicated than you probably realize. It’s easy to make mistakes if you’re not an expert on the law. Your best option is to consult with an employment discrimination attorney. Many attorneys offer free consultations and can tell you if you have a solid case.
Other Steps
Depending on the case and the advice of your attorney, you may need to take steps such as:
- Consider alternative dispute resolution.
- File a complaint with Human Resources.
- Complaint to Equal Employment Opportunity Commission (EEOC).
Know Your Rights
If you’ve been fired, take some time to think it over. What reason did your employer give? Does their justification seem valid? If you believe that their cause was unjust, you may be right. Gather your evidence and get advice from an attorney.
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