Wrongful Termination

CORE CONTENT | 0.8 min read

Wrongful termination refers to the illegal dismissal of an employee, typically in violation of federal or state law, contractual agreements, or company policy. Such cases include termination due to discrimination, retaliation, or refusal to commit an illegal act. Instances of wrongful termination aren’t always overt. For example, firing an older employee under the guise of "restructuring" to avoid paying retirement benefits. Another less apparent example is constructive dismissal, where an employer creates intolerable working conditions, forcing the employee to resign. However, not all cases of seemingly unfair dismissal are illegal. For instance, termination due to business downturns, when not discriminatory, is usually legal.

If you suspect you've been wrongfully terminated, the first step is to file a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state agency for discriminatory terminations. Seeking professional legal advice is essential! Meanwhile, you should document relevant workplace interactions and events to support your case. Those wrongfully terminated may be entitled to various remedies, including reinstatement, compensation for lost wages and benefits, damages for emotional distress, and, in some cases, punitive damages.

REAL WORLD EXAMPLE | 0.4 min read

ACTUAL CASE STUDY

In 2023, a California caretaker brought a wrongful discrimination case for $3M against her former employer. After working for the elderly care facility for upwards of two years, the plaintiff realized she was being incorrectly classified as an independent contractor instead of an employee and filed a complaint with her boss—the owner of the business. The plaintiff was then relieved of her position. During litigation, the plaintiff argued her firing was in retaliation to her legally-protected complaint. The jury ruled in favor of the plaintiff. Source

KEY TAKEAWAYS | 0.3 min read

• Wrongful termination refers to the illegal dismissal of an employee
• You can file a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state agency if you’ve been discriminated against at work or wrongfully terminated due to discrimination
• Those found to have been wrongfully terminated may be entitled to compensation

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