Focused On Employment, Whistleblower And Business Law

Understanding Wrongful Termination

by Hoyer Law Group, PLLC | Aug 14, 2023 | Firm News

Losing a job can be a stressful and unsettling experience, especially when the circumstances surrounding the termination feel unjust or unfounded. While employers generally possess the discretion to hire and fire, there are boundaries set by the law. When these boundaries are crossed, it could lead to a situation known as wrongful termination. To help you navigate this concept and determine if you have a potential case, let’s dive deeper into the intricacies of wrongful termination.

What Constitutes Wrongful Termination?

Simply put, wrongful termination occurs when an employee is fired or laid off for illegal reasons. These illegal grounds can stem from federal, state, or local laws, as well as breach of contract or public policy violations. Some of the most common scenarios include:

  • Discrimination: Termination based on race, gender, religion, age, disability, or any other protected class is unlawful.
  • Retaliation: An employer cannot fire an employee as retaliation for legal activities such as filing a complaint about harassment, reporting safety violations, or participating in a workplace investigation.
  • Breach of Contract: If there’s a written or implied employment contract and the employer terminates the employee in violation of its terms, it may constitute wrongful termination.
  • Public Policy Violation: Employers cannot terminate employees for reasons that violate public interests, such as serving jury duty, refusing to engage in illegal activities, or exercising certain legal rights.

Potential Signs Of Wrongful Termination

Recognizing wrongful termination isn’t always straightforward. Sometimes the reasons given for termination might mask an underlying illegal motive. Indicators could include:

  • A sudden termination without a history of performance issues.
  • Discrepancies in the reasons provided for the dismissal.
  • A pattern of behavior or comments from management targeting a specific trait or activity.
  • Being fired shortly after revealing a pregnancy, medical condition, or after filing a complaint.

Legal Recourse For Wrongful Termination

If you believe you’ve been wrongfully terminated, there are several steps you can take:

  1. Document Everything: Keep a detailed record of your employment, including any performance reviews, emails, or memos that might shed light on the reason for your termination.
  2. Seek Legal Counsel: Consulting with an expert can provide clarity on whether your termination was potentially illegal and what remedies might be available.
  3. File a Claim: Depending on the nature of your case, you might need to file a claim with a government agency before proceeding to court. For instance, discrimination-related terminations may require filing with the Equal Employment Opportunity Commission (EEOC).

Get In Touch With A Lawyer Today

Being equipped with the knowledge of what constitutes wrongful termination can make a significant difference in navigating the aftermath of a job loss. While every situation is unique, understanding your rights is the first step towards seeking justice and potential compensation.

If you suspect you’ve been a victim of wrongful termination, it’s crucial to have a Tampa, FL wrongful termination lawyer in your corner. At Hoyer Law Group, PLLC, we have the expertise and commitment to help you every step of the way. We believe in standing up for employee rights, and together, we can work towards a fair and favorable outcome. Don’t hesitate to reach out for the guidance and representation you deserve.

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