What Is Wrongful Termination?
When an employee files a claim for wrongful termination, they are alleging that the termination was illegal. Wrongful termination is not straightforward and can require substantial investigation to reach its conclusion. It is legal for an employer to fire someone without just cause; there are many reasons for this, ranging from downsizing to budget cuts to the transformation of business models. However, it is illegal to fire someone based on certain protected categories, including gender, race, age, national origin, religion, disability, and pregnancy. Aggrieved employees may bring a "disparate impact" lawsuit, in which they claim that a company’s policy adversely affects a protected group of people. Employers can be held liable for firing based on incorrect assessments of an individual’s performance, evaluation, or disciplinary measures taken against them. There are many avenues by which an employee can sue for wrongful termination, and the following are examples of what the law defines as unlawful termination. It is important to note that statutory protections vary by state, which can make determining whether one’s actions are unlawful difficult at times .
Abusive Discharge
In some states, abusive discharge may actually be a matter for torts, rather than employment law. Some states include intentional infliction of emotional distress in their law, and employers can be held liable for intent to injure or abuse an employee through discharge.
Discrimination
A termination that violates Title VII of the Civil Rights Act, Age Discrimination in Employment Act, Americans with Disabilities Act, or any other local, state, or federal laws is potentially unlawful. This is typically in the form of discrimination based on one of the protected classes.
Retaliation
If an employee files a complaint against an employer or reports an ethical violation, the employer may not retaliate against the employee unless that claim is purposely false or malicious.
Defamation
An employer cannot defame a discharged employee verbally, in writing, or impliedly through appropriate behavior that places blame on the employee for something he or she did not do.
Employer’s Negligent Actions
Employers can be negligent in hiring, retention, and promotion of existing employees if they further the harm, fraud, or wrongful conduct of another employee.
Evaluating Your Case
The first step in assessing whether you have a case against your employer for wrongful termination is to gather the evidence you have regarding your termination. In order to prove that you were wrongfully terminated, you must show that you were fired for an unlawful reason. In California, there are a number of different reasons that may be considered unlawful, including being fired for a discriminatory reason, such as your race, ethnicity, or gender; being fired after engaging in protected activity, such as whistleblowing or requesting leave under California’s Family Rights Act; and being fired after taking protected leave, such as medical leave, military leave, or protected pregnancy leave. Once you have gathered the evidence regarding the circumstances surrounding your termination, the next step is to review your employment contract, company handbook, and any relevant HR policies regarding the terms and conditions of your employment. Depending on your level of seniority and/or the conditions of your employment, you may be entitled to substantial benefits and perks that have been negotiated in your employment contract. You should also review any relevant employment law posters that may be posted throughout your office. For example, California law requires that employers post information regarding their employees’ rights under the California Family Rights Act and the California Paid Sick Leave law. Finally, you should take note of anything that an employer has done that seems discriminatory in nature—for example, asking questions during the interview process that expose your age, race, religion, or sexual orientation as a result of your termination. Employers are prohibited from making assumptions and/or embarking on inquiries about a job candidate’s age, religion, sexual orientation, disabilities, etc., as this can be considered discriminatory behavior. Employers are also prohibited from retaliating against an employee for a variety of different reasons, which includes an employee’s age, status as a veteran, race, etc.
Visiting a Wrongful Termination Attorney
If you are searching for a wrongful termination attorney, you will want to make sure to hire someone that has experience handling cases very similar to yours. Where some attorneys may offer general practice representation, you are looking for someone who deals primarily with cases under California employment law, and even more specifically, wrongful termination. Wrongful termination claims can be complex and difficult to prove in court, and you will want to have an attorney you can count on to look out for your best interests at every turn. Ask to see examples of cases similar to yours and the result that the California employment lawyer was able to achieve for his or her client.
When meeting the attorney for the first time, you will want to bring any information that you can find that relates to your case. An experienced California employment attorney will know how to use information that you think to be insignificant to prove the case that you were wrongfully terminated. Getting the most information into the hands of the attorney that is representing you will increase the chances that this experienced wrongful termination lawyer will be able to help you.
Sending a Complaint to the Right Party
Before you sue a company for wrongful termination, consider filing a claim with a relevant agency that can help you. These organizations serve as a way of addressing your concerns about the flood of unfair firings without the hassle and time of a wrongful termination case. Even if you do not file a complaint, however, it may be required in order to pursue a wrongful termination case against your employer. If you find settling with your employer is preferable to pursuing a suit, then a complaint may at least allow you to cash in a claim for any damages that are determined to be true.
The Equal Employment Opportunity Commission (EEOC) is the federal government’s employer watchdog group. The EEOC helps employees who are worried whether they have a viable claim in front of them and whether it is worth the trouble to pursue. The EEOC even has its own website that permits employees to file complaints online. The EEOC will process your complaint and determine whether you have grounds for a lawsuit or whether you should prepare to negotiate a settlement. While you might feel a little intimidated when sitting in a room opposite an EEOC investigator—don’t. The EEOC’s primary concern is hearing your concerns—not judging you.
If the EEOC permits you to pursue a case against your employer, then you will receive a document called a "Right to Sue" letter. This letter is very important because it will permit you to sue your employer. At this point, you may file your case under state law or federal law, whichever you prefer.
Lawsuit Preparation
When you sue a company for wrongful termination, you are facing a challenging time ahead. It can be stressful, emotional, and time consuming, but it can also be rewarding. When the company treats you unfairly, you have a right to call them out and demand justice. Preparing for a lawsuit with an employment attorney on your side is a great way to go about it.
Trying to sue your previous employer on your own can be difficult. Defendants are tested on their knowledge of the law, and a wrongful termination case may include a significant amount of litigation. If a defendant is unsure of the specific laws, it can result in a loss for you. When suing your previous employer, it is best to have an attorney at your side. He or she will be able to prepare you for the case and give you the best chance of victory.
Your attorney will be in charge of all of the legal work. He or she will be your legal guidance throughout the case. If necessary, your attorney will interview witnesses and visit the location of your termination. It’s the attorney’s job to obtain the information necessary to present your case, so they may need to request documents from you.
It’s important that you are honest with your attorney about the situation. Every detail can be important for your case, so do not withhold any information that he or she will need to know. It’s also wise to discuss how your attorney will be paid for his or her services. Typically, the agreement is that your attorney will get paid if you win , but every case is unique.
There is a lot of documentation to gather when preparing for a wrongful termination lawsuit. You must collect all records relating to your employment with the company. You must also organize these documents so that your attorney has an easier time reviewing them. A few of the documents you should prepare for review include:
At the same time, you and your attorney should be preparing for the legal strategy you will take. The plan you begin with may be the same strategy you continue with throughout the case. However, as evidence and other details are revealed throughout the process, your attorney may need to modify the strategy. It is good to start the case with the best plan of defense possible. Your attorney should thoroughly explain the plan to you, so that you understand the strategy as it’s happening.
The courtroom is a place where emotions can run high. It is easy to get overwhelmed and say things that you don’t mean. This can have negative effects on how your case is perceived. To be fully prepared for court proceedings, your attorney should explain what you should expect. This way, you can feel calm and in control.
First, your attorney can explain how the judge runs his or her courtroom. This includes how the judge conducts business and the tone that is set. You should also know the court etiquette that is expected. Your attorney can help prepare you for the rest of the courtroom proceedings as well. For example, he or she should provide you with questions that are most likely to be asked. Therefore, you can come up with strong, detailed answers. This is how you can best prepare to win the case.
Results and Settlements
A lawsuit can seek a variety of outcomes when wrongful termination is involved. Companies sued for wrongful termination may decide to settle a case before it goes to trial. The settlement could be a monetary award, or it could involve other forms of compensation, such as the reinstatement of the employee in their former position and changed company practices to prevent such future termination. Of course, not all lawsuits end in a settlement, and some cases proceed to trial. In those instances, the court will determine whether there was indeed wrongful termination based on the evidence presented.
If terminated employees win a judgment, they are generally entitled to both back pay and front pay. Back pay is calculated based on how much money victims would have earned had the termination never taken place. Front pay is calculated based on how long it will take for the victims to reasonably secure comparable employment, and how much they would make in that new job (minus whatever income they earned during the meantime). Both forms of compensation can be influenced by the evidence of extenuating factors presented in the case. Sometimes employers are ordered to reinstate the employee after the lawsuit concludes, though this depends upon the nature of the situation. For instance, if there is evidence of harassment or discrimination that made the work environment intolerable, having the individual rejoin the company is not a reasonable outcome.
Another potential remedy in situations of wrongful termination might involve job reassignment that does not result in lost compensation, such as a demotion. For example, an airline pilot removed from the cockpit of a 737 due to alleged misconduct won’t do his or her job well as a ticket agent. A better option in that case might be to reassign the pilot to the cockpit of a lower-cost twin-engine plane, where his or her experience could benefit the company while keeping the pilot in the industry and paying the salary for which he or she was originally hired.
Other forms of compensation that the court may order include future interests such as bonuses, benefits and pension contributions; fringe benefits such as company cars; specific job assignments; liquidated damages equal to back pay; and punishing damages designed to punish the company for the wrongful termination and compensate the plaintiff for emotional distress.
Avoiding Wrongful Termination
For employees, a proactive approach to a career can help mitigate the need for legal action in the event of a dismissal. One of the most effective and simple methods to prevent a wrongful termination case is understanding your employment rights in advance. The following list contains a sampling of employee right concepts you should be aware of: For employers, ensuring the company does not engage in practices that could potentially lead to wrongful termination claims is essential. Companies , as well as the management team, should train regularly on employee rights and behavior, conflict prevention and resolution, and the future ramifications of termination actions. Additionally, consulting an employment lawyer to assist the company in creating a comprehensive personnel manual can ensure all employees understand their rights and obligations. If your company already has a personnel manual, it is advisable to have the document reviewed by an employment attorney experienced with wrongful termination laws.