Wrongful Termination Lawsuit-Definition and Compensation

wrongful termination lawsuit
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Wrongful termination, or sometimes called as wrongful dismissal and wrongful discharge, is a legal phrase which means that the employer has illegally fired or laid off an employee in violation of the employee’s rights. Although many states in the US have adopted the “work at will” or “employment at will” doctrine, which states that an employee can quit his/her job anytime and an employer can fire an employee at will, there are still exceptions to be considered before an employee can be labeled as wrongfully terminated. Laws regarding wrongful termination vary by country. In the US, there is no single law concerning “wrongful termination”, but there are several federal laws, state laws, and court decisions regarding this matter.


How to be labeled as wrongfully terminated.

There are several factors before an employee can claim to be wrongfully dismissed. If the employer committed any of the stated items below, then the employer can be filed a lawsuit for wrongful termination.
  • Number one in the list and the most common is Discrimination: The employer dismissed an employee because of race, religion, nationality, sex, age, and sexual orientation.
  • Retaliation: The employer dismissed the employee because the employee filed a claim of discrimination or is participating in an investigation for discrimination.
  • The employee refused to commit an illegal act: The employee was fired because the employee did not obey the employer’s order to commit an illegal act.
  • The employer did not follow proper termination procedures: Almost all companies follow a policy outline before an employee can be terminated. If the employer fired an employee without following this proper procedure, then the employer can be filed with a wrongful termination lawsuit.

What to do if you’re wrongfully terminated and how to get compensation.

If an employee believes he/she is wrongfully dismissed by an employer, then the employee must first consult with an attorney. The employee can also consult a government agency that enforces labor laws. A lawsuit can be filed with a government agency or in a private suite. If an employer violated public or company policies, then the employee can file a private lawsuit to receive compensation.

It is greatly advised to consult with an experienced lawyer like a wrongful termination attorney to discuss a case. An attorney can negotiate an appropriate case settlement for the employee to receive proper compensation.

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