Employment arrangements largely exist on an at-will basis. Businesses can fire workers without advance warning and for almost any reason. Workers can leave their jobs without warning and without consequences in most cases.
That being said, there are some scenarios in which the end of an employment arrangement may constitute a legal violation. Employees can sometimes hold organizations accountable for violating the terms of their employment contract, possibly by denying them notice or a severance package.
They can also take legal action in cases where firing may constitute a wrongful termination. Some people believe that wrongful termination lawsuits aren’t possible in states with at-will employment laws. However, there are two common scenarios that may constitute wrongful termination even in an at-will employment state.
When a firing is discriminatory
Businesses cannot consider certain characteristics about individual employees when making decisions about their employment status. Protected characteristics include disabling medical conditions, genetic information, race, religion, age and sex.
In scenarios where employers have made inappropriate comments about a worker’s protected characteristics, they may have grounds to claim their termination was discriminatory. When mass staffing reductions occur, if certain groups of people get fired or laid off more than others, that can also be indicative of discrimination. If workers have evidence that shows that their termination was discriminatory, they could potentially take legal action against the business.
When a firing is retaliatory
Workers can engage in a variety of activities that employers may not like but which have protection under the law. Workers should not face repercussions for reporting on-the-job injuries, safety concerns or issues with harassment.
Their employers should not penalize them for requesting unpaid leave or workers’ compensation benefits. Unionizing and discussing working conditions with coworkers are also protected activities. When a termination immediately follows protected activities, workers may question whether the employer retaliated against them. In such scenarios, they may be able to initiate litigation.
Recognizing wrongful terminations when they occur can help employees stand up for themselves. A wrongful termination lawsuit can potentially lead to a worker regaining their job or receiving compensation for the financial harm that a termination has caused.