There are a few different ways that wrongful termination can take place. The first is a contractual breach. If an employee has a contract saying that they must be fired for cause, and they are fired for no reason—or they believe the firing is not justified—they may claim that it is a breach of contract and therefore a wrongful termination.
However, the majority of employees do not have contracts in the first place. Instead, they are employed under at-will employment laws. This means that they do not have to be fired for cause, and their boss can fire them at any time, with or without providing a reason, and without any warning.
But do not make the mistake of thinking that this means a wrongful termination is not possible.
2 illegal reasons
The stipulation with firing at-will employees is that it cannot be done for an illegal reason.
One example is if the termination happens due to some type of discrimination. Say that a young woman gets a job and provides exemplary performance, but then she becomes pregnant and tells her boss she is going to start a family. She will need to go on maternity leave. To avoid it, the boss decides to fire her. This is illegal pregnancy discrimination.
Another example is if the termination is due to retaliation for protected actions. An example could be if the employee believes the business is violating federal laws and reports it. If their employer then fires them in retaliation for making this report, the employee may be able to start a wrongful termination lawsuit.
It is very important for those involved in these types of conflicts and disputes to be well aware of all of their legal rights and their options as they seek an appropriate resolution.