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Protecting The Rights Of Employees

When is an employment termination wrongful?

| Feb 7, 2020 | Firm News

A person’s employment can be terminated for a wide range of reasons. A job termination can sometimes be justifiable under the law, even if an employer did not give the employee a reason for the termination of their job. However, there are also certain situations in which an employment termination could be wrongful. In a situation such as this, the employee who has lost their job may be able to file a wrongful termination claim and gain damages as a result.

If you have recently lost your job in Rhode Island, you may be wondering whether you can file a wrongful termination claim. Before filing such a claim, take the time to understand the law and reflect on the circumstances surrounding your employment termination. The following is an overview of situations in which an employment termination is typically considered wrongful.

Discrimination as a motive for job termination

In the vast majority of situations, employers cannot terminate a worker’s employment for a discriminatory reason. This means that they cannot fire an employee based on their national origin, sex, religion, age, race or disability. Although employees with at-will employment contracts can be fired without being given a reason, they may be able to take legal action if they believe that they were fired for a discriminatory reason.

Job termination as a form of retaliation

If you have recently made a discrimination complaint at work either internally or externally, you cannot be legally fired for doing so. Similarly, being fired after being a victim of or reporting an instance of sexual harassment could be a sign of retaliation, which likely means that your employment was wrongfully terminated.

A job termination that breaches your employment contract

Your employment contract may set out certain provisions regarding your rights to job security. If you are not employed at-will, your employer will need to give an adequate reason for why you are being let go. If you believe that their reasoning was not sufficient, you may be able to take legal action.

You must stand up for your legal rights if you have been fired or let go. Doing so could help you get the damages that you deserve and may safeguard your career.