What Counts As Wrongful Termination? Real Examples Explained

Termination can be a distressing event for both employees and employers. While many job terminations are conducted lawfully, there are instances where termination crosses into the territory of being wrongful. Understanding what constitutes wrongful termination is crucial for both employers and employees to ensure fair treatment and compliance with labor laws. In this article, we’ll delve into real-life wrongful termination examples to shed light on this important topic.

Discrimination-Based Termination

One of the most common forms of wrongful termination is when an employee is fired based on discriminatory factors such as race, gender, age, religion, or disability. For instance, if an employee is terminated solely because of their pregnancy, it constitutes wrongful termination. Similarly, firing someone because of their sexual orientation or ethnicity is also considered unlawful.

Retaliation For Whistleblowing

Employees who report illegal activities, safety violations, or unethical behavior within their organization are protected by whistleblower laws. Wrongful termination occurs when an employer retaliates against an employee for whistleblowing by firing them. For example, if an employee is terminated after reporting financial misconduct within the company, it could be deemed wrongful termination.

Breach Of Contract

When an employment contract exists between an employer and an employee, termination must adhere to the terms outlined in the contract. Wrongful termination can occur if an employer violates the terms of the contract or terminates an employee without just cause as stipulated in the agreement. This could include scenarios where an employee is fired without the specified notice period or for reasons not permitted in the contract.

Violation Of Public Policy

Wrongful termination can also occur if an employer fires an employee for reasons that violate public policy. For instance, terminating an employee for exercising their legal rights, such as taking time off for jury duty or voting, is considered wrongful termination. Similarly, firing an employee for refusing to engage in illegal activities requested by the employer would constitute wrongful termination.

Real-Life Examples

To paint a clearer picture, here are some real-life wrongful termination examples:

• A female employee is terminated shortly after announcing her pregnancy, despite having a stellar performance record.
• An employee is fired after reporting safety violations to the relevant authorities.
• A contract employee is let go without cause before the end of their contract term, contrary to the agreement.
• An employee is terminated for refusing to participate in fraudulent activities orchestrated by their supervisor.

Ways To Stop Wrongful Termination

Wrongful termination can indeed be hurtful, and its repercussions to the employees can be indelible. It can demoralize and strain out all the employees. Ultimately, it might lead to suicides. 

This is why the cases of depression and suicides increased a great deal during the COVID-19 pandemic. However, in this section, we discuss some ways an individual can stop wrongful termination. So, let us get started with the discussion in this section.

Discrimination And Retaliation

The authority in discussion with the management must enforce the anti-discrimination laws. It is not legal to fire an employee based on religion, color, sex, national origin, genetic information, disability, and others. 

EEOC is one body that oversees these cases. With the help of policies and norms, they work to stop the organizations from firing employees based on the abovementioned points.  

Conduct Regular Reviews Of The Performance

The employees are responsible for performing well individually and as a team. Deterioration in the output stops the growth of the organization. Finally, being dissatisfied, the management decides to fire that employee.

The organization, therefore, must develop a mechanism or policy for checking the regular output of the employees. This performance review can help the employee in shape and carry out their output daily. Some of the main points or highlights that must come under regular scrutiny are setting clear expectations, using objective criteria, reviewing the documents, and providing specific feedback. 

Following The  Proper Termination Procedures

The business owners must abide by a proper termination procedure to avoid such abrupt hiring. It can assure the employees of their safety and security.  You must work to ensure that there is a proper process of termination. Firstly, the business organizations must have valid reasons before firing an employee. 

The valid reasons could be extremely poor job performance, misconduct, or the violation of company policies. Then, the employer must also provide advance notice to the employees before the termination procedure takes place. This could help the employee covered by the employee contract and prepare for the next job.

Documenting The Employment Decisions And Then Keeping The Records

Documenting the employees’ decisions and keeping the records is important from the employers’ perspective. Adequate documentation of the employment decisions can help keep the records clean. There are some ways through which it can be created. 

First, you must work to create the employment policies. 

Business owners must create written policies for employment decisions, such as promotions, hiring, and termination. These policies need to be clear and concise. Moreover, you should communicate them to all the employees in your office. 

Then, you have to document the performance and behavior and keep the employees’ records. It can help you with strong basement banking, which can stop you from hurling unjust or wrongful terminations.

Business organizations must consider some of the steps we discussed above to stop firing employees without a strong reason. On the other hand, the employees must also have good knowledge and awareness regarding their rights and mistakes. They must have the mechanics and know how to protect and fight wrongful termination. 

Conclusion

Wrongful termination can have serious legal and financial consequences for employers, and it can significantly impact the livelihood and well-being of employees. By understanding what constitutes wrongful termination and recognizing real-life examples, both employers and employees can take proactive measures to ensure fair treatment in the workplace. 

Employers must adhere to labor laws and ethical standards, while employees should be aware of their rights and seek recourse if they believe they have been wrongfully terminated. Ultimately, fostering a workplace culture that values fairness and respect is essential to preventing wrongful termination and promoting a harmonious work environment.

Read Also:

• Charting A Course To : Unbiased Advice For Employees
• What is Employee Leasing? – Briefly Explained With Examples in 2022
• 6 Ways Corporate Credit Cards Can Help You and Your Employees