Anticouni & Ricotta

When is a termination illegal?

On Behalf of | Jun 9, 2022 | Wrongful Termination |

People who have a steady job likely assume that they’ll continue to have that job as long as they aren’t doing anything wrong. What some people might not realize is that they can be fired without reason. However, this doesn’t mean that employers can terminate individuals for illegal reasons.

Wrongful termination is a serious problem because it violates the law. There are some specific circumstances in which an employer can’t fire an employee.

Reasons a termination may be wrongful

There are several things that can automatically mean that a termination is illegal. One of these is when the employee has a contract, and the firing goes against the terms of that contract. For this reason, all employees should know their responsibilities and rights.

Other reasons for wrongful termination include:

  • Discriminatory reasons or harassment
  • Refusal by an employee to do something illegal
  • A firing that violates company or public policy
  • The employee participated in whistleblowing

A constructive discharge, which occurs when the workplace becomes so intolerable that it’s not possible for someone to keep working there, is also a form of wrongful termination. It’s always best for an employee to keep records of what’s happening at work. This can help them to show why a termination is wrongful if it comes to a legal battle.

Workers who are terminated may wonder if they have a claim for a wrongful discharge. Finding out if you have a case is critical but you must do this quickly. There are time limits for how long you can act after this type of situation. Having experienced legal guidance can help you to learn what options you have and create a plan for moving forward.

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