| Employment & Labor Law |
| Discrimination |
| Rights: Americans Disabilities Act |
| Employment Contracts |
| Family & Medical Leave |
| Human Resources |
| OSHA |
| Sexual Harassment |
| Wage and Hour Law |
| Wrongful Termination |
Wrongful Termination
It has been traditionally recognized under American common law that employer-employee relationships can be severed at the will of either party. There are exceptions to at-will employment rule, however, and these include: an express or implied employment contract that requires that a termination can only be done if there is a justifiable cause, and a public policy duly recognized judicially which prohibits termination of employees in certain circumstances. Some states also recognize an implied agreement with respect to good faith and fair dealing as an exception to the at-will employment rule. If an employer violates these exceptions, then an employee can bring an action of wrongful discharge or termination.
State and federal courts, not the law-making body, started the development of wrongful discharge theory in the 1980s as justifications for penalties imposed upon an employer whose conduct was perceived as arbitrary and capricious. As a result of this trend in court decisions, states began enacting statutes forbidding dismissal without just cause for all employees.
Implied Contract
If you file a lawsuit against your employer for wrongful discharge, courts generally look for proof that there exists an employment relationship between you and your employer for a definite period of time. This is to overcome the presumption that your employment was at will and therefore, could be subject to termination at any time. In this regard, courts will look for evidence such as personnel manuals or handbooks, and the conduct of the employer towards you showing acknowledgment of a good job performance, to be able to conclude that indeed an implied contract between you and your employer existed.
Public Policy
In addition to contractual theories, employment termination which are contrary to public policy, or dismissals made because you refuse to act unlawfully or you perform a public obligation, like serving on a jury, can also be the basis for a wrongful discharge action. If your employer terminated you from your job in retaliation for your exercise of a statutory or constitutional freedom such as free speech, you can also ask for compensatory and even punitive damages.
A lawyer can help you institute a lawsuit against your erring employer if you are a victim of a wrongful discharge.