Wrongful Termination
Wrongful Termination Definition
Wrongful termination generally means an unfair employment
discharge. However, not every unfair employment discharge
constitutes wrongful termination.
Wrongful termination is the most common term used.
But an unfair employment discharge is also referred to as:
- Wrongful discharge
- Wrongful firing
- Wrongful dismissal
- Illegal discharge
- Illegal termination
- Illegal dismissal
As some of the alternate terms indicate, an employer must illegally discharge
an employee for the act to constitute wrongful termination,
at least in the legal sense.
If the discharge is not illegal, then it's not likely to
be wrongful termination in the legal sense, regardless of
how unfair it seems.
For example, if a manager unfairly discharges an employee
clearly in violation of a specific discrimination
law, then the discharge was illegal and thus, likely
to be wrongful termination.
But, if a manager unfairly discharges an employee because
of an unresolved personality conflict that adversely affects
the employment relationship, then it's not likely to be an
illegal discharge and thus, not likely to be wrongful termination.
More examples of what might make an employment discharge
illegal are on the next
page.
To better understand whether or not an unfair employment
discharge constitutes wrongful termination, it's important
to know that employment is "at will" in virtually
all states. It means that employment is presumed to be voluntary
and indefinite for both employers and employees.
Consequently, employers have the right to discharge employees,
pretty much the same as employees have the right to quit.
Read At Will Employment for
more information or consult a lawyer for
legal advice about wrongful termination.
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