Wrongful Termination
"Wrongful Termination" is a term that generally refers to a person being fired when they shouldn't have been. It can be a very misleading phrase. Many terminations that people think of as "wrongful" aren't illegal.
The Guide Below Is for State & Federal Law.
The principles described here apply to both. However, there are some differences that could make a difference to individual cases. It should also be noted that the damages for sexual harassment in the workplace cases differ greatly between State and Federal law.
Two Types of Sexual Harassment in the Workplace:
There are two types of sexual harassment in the workplace, "quid-pro-quo" and "hostile environment".
The Hostile Environment will be explained in a separate section, although where there's one, there's often the other.
Quid-Pro-Quo Harassment
"Quid-pro-quo" is Latin for "this for that." It is a trade. When the trade is on the basis of sex, it is illegal. Most commonly, this situation arises when a supervisor compels a subordinate into a personal, sexual relationship in order to keep her job and/or gain a promotion.
When the employer makes sex a condition to getting something in the workplace, it is wrong in a legal sense. For example: " sleep with me and you'll get the job/promotion/etc." That's illegal. This type of sexual harassment in the workplace is the "casting couch" cliché.
Quid-pro-quo can also include negatives. For example, "sleep with me or you're fired" is also illegal.
"Whistle Blowing"
Pregnancy Medical Leave & Accommodations
Implied & Oral Contracts
- The implied contract said no termination without good cause.
- There was no good cause to fire the employee.
- The employee was fired anyway.
- Length of Service
- This is a very important factor in creating an implied contract. The length of service must be significant. Two weeks at an employer does not create an implied contract.
- Progressive Discipline Policy
- Many employers have policies of "progressive discipline." These policies state that employees will not be fired the first time they make a minor mistake. Instead, employees receive warnings, second warnings, etc., before they are fired. Even when there is a progressive discipline policy, there are probably a number of things the employee can do which will get him fired immediately.
- Employee Benefit Programs
- Retirement programs, 401K programs, and the like can help to create implied employment contracts, because they help imply that the employee is expected to be around long enough to participate in them or get their benefit.
- The contract said no termination without good cause.
- There was no good cause to fire the employee.
- The employee was fired anyway.
Breach of Contract
- written
- implied, and
- oral.
- the employer fired him, or
- the employer isn't paying him what he owes him.
- the employer is failing to give promotions.
- The contract said no termination without good cause, for five years,
- There was no good cause to fire the employee,
- The employee was fired anyway.
Damages in Employment Law
- Past lost wages.
- Other past benefits. (example: car allowance).
- Future Lost Wages and Benefits. (the amount of wages and benefits that will be lost in the future). However, see "Mitigation", below.
- General Damages. This includes emotional distress and pain and suffering.
- Punitive Damages. This is an amount of money designed to punish the employer and make an example of him.
- Attorneys Fees and Costs. This is what the employee spent on lawyers to sue the employer.
- Past lost wages.
- Other past benefits. (example: car allowance).
- Future Lost Wages and Benefits. (the amount of wages and benefits that will be lost in the future). However, see "Mitigation", below.
- General Damages. This includes emotional distress and pain and suffering.
- Punitive Damages. This is an amount of money designed to punish the employer and make an example of him.
- Attorneys Fees and Costs. These may or may not be available, depending on the circumstances. This is what the employee spent on lawyers to sue the employer.