What is Wrongful Termination?
Wrongful termination occurs when an employee is fired illegally by an employer. Wrongful termination is a clear violation of State and Federal law. The State and Federal law categories wrongful termination cases into 4 different types of protections: anti-discrimination laws, anti-retaliation laws, protected activities, and violations of public policy.
Anti-discrimination laws state that employees cannot be fired based on their age, gender, marital status, medical conditions, national origin and ancestry, disability, pregnancy, religion, race, sex, sexual orientation, military and veteran status, and union activity (Los Angeles Wrongful Termination Lawyer – Miracle Mile Law Group). An example of an employee who may claim wrongful termination under anti-discrimination laws is an employee who is a 55-year-old man and who was fired due to his age. This is unlawful because the employee could still have performed his essential duties as an employee at his workplace, even though he is of older age. Thus, this 55-year-old man could file an anti-discrimination claim against his former employer.
Anti-retaliation laws state that an employer can not retaliate against their employee merely because the employee exercised a right granted by a state or federal statute. An example of an employee who is protected under the anti-retaliation laws is an employee who was fired because he or she witnessed their employer conduct illegal activities and decided to report this illegal behavior to the authorities. Whistleblower claims are not the only example of anti-retaliation laws. Another example that violates anti-retaliation laws is when an employer fires his or her employment due to the employee’s concern for safety in the workplace. Clearly, the employer’s retaliation is unlawful and the employee could file a claim against the employer for his or her behavior.
Protected activities claim that an employer cannot fire their employee for engaging in activities that are protected by the law. For example, an employer cannot fire an employee for not coming to work merely because the employee has jury duty. Jury duty is a protected activity and if the employer fires his or her employee for going to jury duty during worktimes, then the employee could claim wrongful termination. Another example of wrongful termination via protected activities is when the employer fires his or her employee because his or her employee refuses to take part in illegal activities. An employee is able to refuse to engage in illegal activity because it is a protected activity under the law.
Violations of public policy are defined as wrongful termination of an employee due to violations of explicit state or federal government public policy. An example of wrongful termination via violations of public policy is when an employer fires his or her employment due to the employee’s refusal to submit to drug testing. This is a clear violation of the employee’s right to privacy. Another example of wrongful termination via a violation of public policy is if an employer fires an employee due to the employee refusing to engage in sexual encounters with his or her employer (Los Angeles Wrongful Termination Lawyer – Miracle Mile Law Group).