Various state and federal laws protect employees from wrongful termination based on how these laws safeguard an individual's rights. A wrongful termination lawsuit may find basis In some of the following areas:
- Discrimination - Gender, race, nationality, color, age, religion and disability are not legal grounds for employment termination, and the law protects you from this type of discrimination.
- Retaliation - Whistleblowing, or reporting your employer to the proper authorities for committing an illegal act, provides no legal justification for your employer to retaliate or fire you. Nor does your employer have the right to terminate you if you refuse to do something that would require you to break the law or violate sound moral and public policies.
- Breach of Explicit or Implied Contract - An explicit contract is a written contract openly stating whether the employer may let you go at will or whether he needs good cause for termination. In some cases, depending on the wording, an employer's policy manuals, employee handbooks, employee agreements and similar documents may be considered binding legal contracts, which would act as an implied contract. Unless your contract includes an "escape clause" that states either party may end the working relationship without explanation, then your employer must provide good cause for termination. Generally, when working under contract, an employee may be terminated only if he has breached the specified terms of the contract.
- Breach of Good Faith and Fair Dealing - The implied covenant of "good faith and fair dealing" creates a general presumption that individuals will act in good faith and deal fairly. Breaking one's word, deceiving to dodge responsibilities, or negating agreements that were patently understood is a breach of the implied covenant. A prime example of this type of covenant includes being hired on the bases that the job opportunity is permanent, that it includes retirement benefits, and that as long as you perform well and the company suffers no financial downfall, your employment will continue. If the employer fires a dedicated, long-term employee without good cause, even though the employment contract states employment is "at will," a breach of the implied contract for career-long employment has occurred.
- Constructive Discharge - The legal concept of "constructive discharge" occurs when an employee quits because his employer enacted or allowed a change that made his working conditions intolerable, and any reasonable employee would have also quit under these conditions. While not usually easy to prove, constructive discharge provides grounds for wrongful termination litigation.
If you believe you have been wrongfully terminated, please call our office at (208) 331-2100 to arrange a free consultation to discuss your concerns.
