Under the Employee-At-Will Doctrine, an employee can be terminated at any time for any reason. There are some situations however where an individual can be wrongfully terminated and entitled to damages based on such termination.
Wrongful termination can fall in three categories generally:
- The termination was a violation of public policy. For example, the employee is terminated for refusing to participate in illegal activities (i.e. not filing a tax return) or for participating in a legally protected right (i.e. the right to vote).
- The termination was in breach of an employment agreement. For example, if an employee’s employment specified a specific time frame of employment and was terminated before the time frame ended, the employee may have a claim for wrongful termination.
- The termination was in violation of a law or statute. For example, the termination was based on the employee being pregnant or the employee’s race.
Document The Behavior
To help prove your case, it is important you document the violations (emails or text messages regarding performance, documentation regarding termination, etc). Of course there will be times when this is not possible, but remember the more evidence you have, the more it will help your case!
Seeking Justice – Your Next Steps
If you know or think you have been wrongfully terminated, contact Employ Justice Legal Group for your free consultation today!
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