What Constitutes Wrongful Termination

admin25 March 2023Last Update :

Unraveling the Complex Web of Wrongful Termination: A Comprehensive Guide

Wrongful termination is a formidable term in the professional realm, laden with legal implications. It denotes the act of terminating an employee’s contract for reasons that breach federal or state laws, go against public policy, or violate employment contracts. This illicit act can lead to legal repercussions for the employer. In this blog post, we will delve into the nuances of wrongful termination, understanding its legal definition, exploring examples, scrutinizing the role of discrimination, and outlining the steps to take if you find yourself unjustly severed from employment.

Understanding the Legal Definition of Wrongful Termination

Wrongful termination, a term commonly tossed around in the business landscape, involves firing an employee for reasons deemed illegal or contrary to public policy. This encompasses discriminatory actions, retaliatory measures, and breaches of employment contracts.


Discrimination surfaces as a prominent facet of wrongful termination. This transpires when an employer terminates an employee based on race, gender, age, religion, disability, or other protected characteristics. It extends to scenarios where reasonable accommodations for disability or religious beliefs are denied.


Retaliation unfolds when termination is a response to an employee’s protected activities—such as reporting harassment, discrimination, filing complaints, or participating in union activities. It also includes cases where employees are terminated for refusing illegal activities or whistleblowing.

Breach of Contract

Breach of contract manifests when an employer terminates an employee against the terms stipulated in the employment contract. This could involve premature termination, termination without cause when the contract mandates cause for termination, or failure to adhere to the agreed-upon notice period.

Not every termination qualifies as wrongful; employers retain the right to terminate for legitimate reasons such as poor performance or misconduct. However, if the termination is rooted in illegal or discriminatory grounds, the affected employee may have grounds for a legal challenge.

If you believe you’ve been wrongfully terminated, understanding your legal rights becomes paramount. Start by reviewing your employment contract and company policies, gather evidence, and consult with an employment lawyer specializing in wrongful termination cases. Legal recourse, though challenging, may be necessary to safeguard your rights and seek justice.

Examples of Wrongful Termination in the Workplace

Wrongful termination, a profound issue impacting both employees and employers, manifests when an employer terminates an employee against the law or public policy. Various scenarios exemplify wrongful termination:


  1. Race or Gender-Based Termination: Firing an employee due to their race or gender violates federal and state laws, leading to potential compensation claims.
  2. Retaliatory Termination: Retaliating against an employee who reported discrimination by terminating their employment is unlawful and subject to legal consequences.


  1. Protected Activity Retaliation: Terminating an employee for engaging in protected activities, such as filing complaints or participating in a union, constitutes wrongful termination.

Breach of Contract

  1. Termination Without Cause: If an employer terminates an employee without adhering to the cause stipulated in the employment contract, it qualifies as wrongful termination.

Violation of Public Policy

  1. Retaliation for Reporting Illegal Activity: Firing an employee for refusing to engage in illegal activities or reporting illegal conduct is against public policy and constitutes wrongful termination.

Understanding these examples is crucial for both employees and employers to prevent wrongful termination and ensure fair and lawful treatment.

The Role of Discrimination in Wrongful Termination Cases

Discrimination plays a pivotal role in wrongful termination cases, acting as a catalyst for unjust dismissal. Employers must treat employees fairly, regardless of race, gender, age, religion, or disability. In the context of wrongful termination, discrimination intertwines with various aspects:

  • Discriminatory Intent: Proving wrongful termination often hinges on demonstrating discriminatory intent, demanding evidence like employer statements or behavioral patterns suggestive of bias.
  • Proper Procedures: Even if termination wasn’t motivated by discrimination, employers can still be held liable if proper termination procedures were not followed.
  • Retaliation as Discrimination: Retaliation, another facet of discrimination, can lead to wrongful termination when an employer takes adverse action against an employee engaged in protected activities.

Proving discrimination is intricate, requiring thorough documentation and legal expertise. Employees wrongfully terminated due to discrimination or retaliation should seek guidance from an experienced employment law attorney to understand their rights and pursue justice.

Steps to Take if You Believe You Have Been Wrongfully Terminated

Discovering that you’ve been wrongfully terminated can be emotionally distressing, necessitating immediate action to protect your rights. Follow these steps to navigate the aftermath:

  1. Gather Evidence: Assemble emails, memos, performance evaluations, and witness statements that bolster your claim. Record conversations with your employer, noting promises or assurances regarding job security.
  2. Consult an Attorney: Seek guidance from an employment attorney well-versed in wrongful termination cases. They can assess your case, scrutinize contracts and policies, and advise on potential damages.
  3. File a Complaint: If your attorney deems it viable, file a complaint with the Equal Employment Opportunity Commission (EEOC) or a relevant state agency. These agencies investigate discrimination claims and may attempt mediation or issue a right-to-sue letter for legal action.
  4. Legal Action: If mediation fails, your attorney can help you file a complaint in court, outlining specific reasons for wrongful termination and the damages sought. The case may proceed to trial or settlement negotiations.
  5. Other Steps: In tandem with legal action, consider filing for unemployment benefits, networking for job leads, and prioritizing your mental health through therapy or support groups.

In conclusion, wrongful termination is a formidable challenge, demanding immediate action to protect rights and seek legal recourse. By gathering evidence, consulting with an employment attorney, and pursuing complaints through relevant agencies, affected employees can navigate the intricate process of addressing wrongful termination and potentially secure compensation for losses. Balancing legal proceedings with self-care is essential during this demanding period.

FAQs About Wrongful Termination: Navigating the Maze of Employment Challenges

General Questions (FAQ):

Q1: What is wrongful termination?

A1: Wrongful termination refers to the unlawful act of terminating an employee for reasons that violate federal or state laws, public policy, or employment contracts.

Q2: What constitutes wrongful termination?

A2: Wrongful termination can result from various factors, including discrimination, retaliation, breach of contract, and violation of public policy.

Q3: Are all terminations considered wrongful?

A3: No, not all terminations are wrongful. Employers have the right to terminate for legitimate reasons like poor performance or misconduct. Wrongful termination arises when the reasons are illegal or discriminatory.

Understanding the Legalities:

Q4: How is discrimination linked to wrongful termination?

A4: Discrimination, such as terminating based on race, gender, age, religion, or disability, is a common form of wrongful termination. It also includes failure to provide reasonable accommodations.

Q5: What is retaliation in the context of wrongful termination?

A5: Retaliation occurs when an employer terminates an employee for engaging in protected activities, like reporting harassment, filing complaints, or participating in a union.

Q6: How does breach of contract contribute to wrongful termination?

A6: Breach of contract occurs when an employer terminates an employee against the terms specified in the employment contract, such as terminating without cause or before the contract term concludes.

Taking Action:

Q7: What should I do if I suspect wrongful termination?

A7: If you suspect wrongful termination, review your employment contract, gather evidence, and consult with an employment lawyer specializing in wrongful termination cases.

Q8: How can I prove wrongful termination?

A8: To prove wrongful termination, you need evidence showing the termination was illegal or discriminatory. This could include emails, performance reviews, or witness statements.

Q9: What steps should I take if I’ve been wrongfully terminated?

A9: Gather evidence, consult with an employment attorney, consider filing a complaint with the EEOC or a state agency, and, if necessary, pursue legal action. Don’t forget to take care of your emotional well-being during this challenging time.

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