subject: Varying Theories in Wrongful Termination Claims by:Claysphere Rivera [print this page] Since time immemorial, it has long been recognized under our (American) setting that employer-employee relationships can be severed at will of either party.
This recognized practice has become a source of complications between labor and capital, where wrongful termination issues have constantly been pointed. Across jurisdictions, wrongful termination claims, remain a heavily litigated area of law.
With these conditions, it would be worthwhile to illuminate about wrongful termination in its terms, claims and lawsuit. For better understanding about the topic, varying theories that are commonly invoked in wrongful termination claims will be dealt.
Wrongful Termination and Claims
There are varying definitions that relate to wrongful termination. In general, the term means an unfair employment discharge, wherein an employee is terminated from his or her services without adequate reasons warranting such termination or terminated against the standing rules of the organization or law or the agreement in force. It usually covers employee actions alleging that the employer wrongfully fired the employee.
For clarity, illegal reasons for termination cover:
Firing in violation of anti-discrimination laws (federal and state) including sexual harassment laws
Firing in violation of employment agreement, whether oral or written
Firing in violation of labor laws and collective bargaining
Firing in retaliation from the employees
In each situation or case, the employee concerned then can pursue a wrongful termination claim against the employer for possible reinstatement or for compensation and damages based on the terminated employee's lost wages and other expenses.
Wrongful Termination Claims, Legal Theories
Wrongful termination claim involves several theories such as:
A. Wrongful termination in violation of a substantial public policy
There are classes of violation of employees' rights that were not clearly spelled out by statutes. However, despite the wanting of statutory recognition, these violations are well recognized by law as sufficient as a causation of violation, especially when an employer clearly violates a substantial public policy in firing an employee.
For clarity, I will illustrate a few example of public policy violation:
Firing an employee for exercising a statutory or constitutional right
Firing an employee because he/she attended a civil deposition
Firing an employee for refusing to violate the law
Firing an employee for reporting a violation of the law by the employer
To establish a termination of employment that violates public policy, proof of the following elements is generally required:
1. Presence of employer-employee relationship
2. That the termination of employment was a violation of a substantial public policy
3. That the termination of employment caused injury to the claimant
4. That claimant suffered damages because of the discharge
B. Discharge in Breach of the Implied Covenant of Good Faith and Fair Dealing
In an at-will employment scenario, wrongful termination claim based upon the theory of a breach of an implied covenant of good faith and fair dealing is usually permissive. This theory is mostly invoked by sales personnel and agents after showing that they were fired because the employers wanted to avoid paying commissions and other remunerations.
To establish a termination of employment based on this theory, the employee must allege that the employer breached an implied covenant of good faith and fair dealing by firing him or her.
C. Employer's Breach of employment contract
Anything that breaches the mutual trust and confidence and contract provisions between the employee and the employer is considered breach of employment contract.
An employer can be held liable for wrongful termination if he/she breaches the employment contract through the commission of the following related acts:
Changing an employee's job or terms of employment
Changing the employee's major job location without notice
False allegations of misconduct
Not paying wages or salary
Not following it's the terms of the employment covenant
If the employer breaches the contract, the employee can bring a wrongful termination claim against the employer. The primary consideration for bringing a claim under this heading is that the breach must be of sufficient gravity or relates to a major term of the contract.
D. Employer's Retaliation
Employer's acts of retaliation against an employee are generally prohibited, especially if it involves the protection given by the Whistleblower Protection Act of 1989 and comparable state laws to an employee who reports wrongdoing.
End Note
With these bit of lawyer's provision, you will be guided in some important theories involved in your wrongful termination claims pursuits.
