termination refers to the unlawful dismissal of an employee by their employer. It occurs when an employer terminates an employee’s contract or employment without a valid or legal reason, or in violation of employment laws, regulations, or the terms of the employment agreement. Wrongful termination can have severe consequences for both the employee and the employer.
Legally, wrongful termination can be defined in different ways depending on the jurisdiction and applicable employment laws. However, there are some common grounds on which wrongful termination claims are often based
Breach of contract
If an employer terminates an employee in violation of the terms and conditions stated in the employment contract, it can be considered wrongful termination. This includes terminating an employee before the contract’s expiration date or without following the specified termination procedures.
Discrimination
If an employee is terminated based on their race, color, religion, sex, national origin, age, disability, or any other protected characteristic, it can be deemed as wrongful termination. Employment laws prohibit discrimination in the workplace, and terminating an employee based on such factors is illegal.
Retaliation
If an employee is terminated as a result of exercising their legal rights or engaging in protected activities, it can be considered wrongful termination. For example, if an employee is fired for reporting workplace harassment or filing a complaint against the employer, it may be deemed as retaliation and thus wrongful termination.
Violation of public policy
If an employee is terminated for reasons that violate public policy, it can be considered wrongful termination. This includes situations where an employee is fired for refusing to engage in illegal activities or for reporting illegal practices within the company.
Constructive discharge
In some cases, an employer may create such a hostile or intolerable work environment that an employee is forced to resign. This is known as constructive discharge, and it can be considered wrongful termination if the employer’s actions were unlawful or violated employment laws.
To establish a claim of wrongful termination, an employee typically needs to provide evidence supporting one or more of these grounds. This may involve gathering documentation, witness statements, or other evidence to demonstrate that the termination was indeed wrongful.