Washington, DCAccording to a number of insurance companies, wrongful termination lawsuits are on the rise—and they are the single most frequent labor claim. Even though most employment in the US is considered "at will," wrongful employment termination claims have spiked for a number of reasons, mainly because the economy has caused an unprecedented number of lay-offs and terminations.
Another reason for a rise in wrongful termination suits is because employees increasingly understand wrongful termination law. In a situation where an employee understands wrongful employee termination and their employer doesn't, the grounds are fertile for a potential wrongful termination lawsuit.
The increase in wrongful termination claims (mainly involving discrimination and sexual harassment) can also be attributed to laws such as the Americans With Disabilities Act of 1990, the Civil Rights Act of 1991 and the Family And Medical Leave Act of 1993. Because some areas of these laws are vague, they are open to interpretation; an experienced wrongful termination attorney familiar with the Acts is often the reason why the plaintiff wins.
Over 50 percent of all wrongful termination cases are won by the former employee (up to 70 percent in some districts) and there are more than 20 legal grounds for making a claim for wrongful termination or discharge. Clearly, "at-will" employment doesn't mean that an employee has no legal rights if they are terminated from a job.
So what are grounds to make a wrongful termination claim?
A wrongful termination attorney will basically study four areas of the law to determine whether their client has a case, including federal and state statutes, public policy, good faith and fair dealing, and implied contracts. Grounds for a wrongful termination case include anti-discrimination laws (e.g., firing a person because of race, age, sex, religion, sexual preference, positive HIV/AIDS tests, disability, height, weight, arrest record, marital status, genetic carrier status and military service).
If employers violate a public policy, they have likely planted the seed for a wrongful termination case. Some examples of violating public policy include:
- Whistle blower retaliation
- Termination for jury duty
- Refusal to break the law at the request of the employer
- Invasion of Privacy
- Defamation of Character
In 2009, Financial Executive discussed five common mistakes made by employers that could result in a wrongful termination lawsuit. In a nutshell:
1. The Employee Manual does not properly address procedures for termination.
2. The context in which managers deliver termination communication is important: ambiguous statements, such as "If it was up to me, you'd still be working here," or "It looks as though we most likely won't be able to keep you on," may cause a legal situation.
3. If charged with discrimination, your employer must prove that the termination was business-related. Managers who neglect to document policy violations and inadequate performance make it challenging to support the company's defense. Managers must support any employment actions, including performance reviews and subsequent write-ups for poor performance, and firings with complete and appropriate documentation.
4. Documents that include managers' personal remarks, hyperbole and emotionally laden rhetoric will benefit the employee in a wrongful termination case. Your employer or immediate supervisor can easily add inappropriate comments when documenting violations such as wrongful conduct, intoxication or drugs, tardiness, unsatisfactory work quality, or violation of safety rules.
5. If not prepared for and executed properly, a termination meeting can lead to litigation. An employer must respond calmly to an employee's behavior and make sure to have a witness in the room as well as the supervisor. An employee should be fired in a controlled, calm and professional manner.
If you have been in any one of these situations, you may have grounds for a wrongful termination lawsuit. Whatever grounds you may have, a wrongful termination claim does not usually reach the point where your employer may reinstate you and/or compensate you for back-pay and warranted damages. Instead, the majority of wrongful termination claims are settled at the initial phase—when your employer is looking for a bargain. This phase is crucial to your settlement and imperative that you have a wrongful termination attorney on your side.
If you or a loved one have suffered losses in this case, please click the link below and your complaint will be sent to an employment law lawyer who may evaluate your Wrongful Termination claim at no cost or obligation.
Posted by bobbiebharper
Many a times when we are searching for a job, we are unsure of how address any previous employment issues like termination or gaps on our resumes. We want to make ourselves look good, but we also don’t want to be caught up in a lie. No matter what led to your termination, it’s important to be honest and confident.
Posted by Shane D
Was a project manager for a restoration company(fire,water,smoke,mold).
Part owner cut end of my index finger off with a saw, went to the bone, nerve damage. Was at place of employment 2 months, part owner asked me not to turn into work comp. I took one for the team in Feb.
July I hit a deer in company vehicle on way to managers meeting, totaled truck, air bag deployed in my face. Employer reluctant for me to see Dr. Asked me to wait a couple hours to see how I felt. Ended up going to ER, neck and back still hurt. DX herniated discs,concussion. Ordered not to work 30 days. Company pressuring me to work with emergency calls, I was on many med, didn't want to lose job so I worked on restriction. On meds still was asked to respond with owner to roof inspection for hail.
Owner had me get on roof to inspect, we discussed on the way there I couldn't get on roof. Needless to say he needed help and asked me up 2x.
I went up to take measurements on edge of roof, stood up dizzy and went off roof 16' in the air. He asked me to keep this between us, I guess since I complied on finger injury in feb. He stated to tell work comp my new injuries were from car vs deer. Drs didn't buy it. Dec.6 Filed a claim on roof and finger.
Company retaliated and fired me Christmas morning by email for non compliance to keep company vehicle clean, absurd and had never been written up for anything.
Hired work comp attorney. Previous employer fought treatment until day before pre trial hearing then caved and approved all medical. Work comp IME even sided with me.
Also hired attorney for wrongful termination, were in settlement negotiations currently.
Posted by Joe
My wife was fired because her supervisor did not like her husband (me). She, of course, did not admit that, but the timing of events makes it obvious. My wife was always praised for her work. I did some "seasonal contract" work for her supervisor. The supervisor would often either request me to do things that were unethical or annoyed me with inane emails. I finally told her off in an email, not even caring if she never used me for seasonal contract work again. Rather than simply end ties with me, she and another supervisor conspired to make my wife's job miserable so SHE would quit. They would each give her something to do as "top priority" at the same time in an unreasonable time frame with insufficient information. This was a setup and my wife had not been treated in this way prior to my issues with the supervisor. The two supervisors would often take longer than allowed lunch breaks together so my wife could not leave for her allotted lunch. Finally, the supervisor pulled a bogus performance review on her to justify firing her. My wife worked for a mayoral education department in the town, so she was essentially fired from the town. I cannot say whether the mayor or Human Resources department was in on the setup. But my wife basically lost her full time job and benefits because the supervisor had a problem with her seasonal (sporadic part time) contractor husband who worked there only to help teach kids in his spare time. It is pathetic and these two women (and possibly the head of Human Resources if also complicit) need to be punished for what they did to my wife.
Posted by Nicole
I was fired for not meeting training expectations which was a false statement made by my supervisor after I threatened to report her to be if she did not stop mistreating me also in my termination meeting was my production manager a witness and my supervisor was not present I was not allowed to comment was giving no explanation other than I just wasn't a goog fit for the company I was also prevented from speaking to HR I mentioned the orientation paper signed by myself on my hire date about the termination process concentrating verbal and written warnings which I received no formal discipline whatsoever... Is this legal??? And what can I do? Also I mentioned I kept a log of all mistreatment dirrected toward me by my supervisor and it did no good.... they did not consider listen to or seem to care
Posted by Namene simon
I got fired simple because I told them that I received a call to go do a temporary job for election that is coming up soon, so i asked if Its possible to go or not. The boss says yes but unless i put sam1 on my behalf, but the wife says I must just go forever. And since the wife is insecure she think I have a think with her husband. Is that lawful to be fired because I asked?
Posted by Madiha
1. Coat can't be the reason to terminate someone. Right on the spot. Without having any written or verbal warning.
2 . Two mangers were so aggressively acted to terminate me. Like it was there goal that day, which they achieved.
These 2 managers lied that other people were wearing the coat, the fact of the matter is they were not wearing it. At that time I had feeling GOD is the only witness, but once I stepped in parking lot there I saw one witness. And she has submitted her statement that other people had no coat on and they left office with her safe and sound.
witness statement is the prove that 2 manager were eager to terminate me and they lied and above all HR manager supported managers and she was 100% with them . They all teamed up.
3... They r telling everyone that I quit and witness and everyone on floor are the witness that I have given 200% to that company and I was working really hard .... We pay money to buy uniform. We take 8-9 hours training for the whole week and then study for the test to get the airport badge . Am I stupid to pay for all that and study for the test. As soon as I got the the test and received my badge they fired me. We pay for our uniform first and then work and receiving check. We invest first. ( there are a lot of favorism going on their relatives are working there they fire people like crazy .. They work like 80-90 hours per week it's seems like it seems like this is not a corporate it's a family business. This is the first company I ever seen which hire people not yearly, not monthly, not even weekly but every single day they hire people, and they fired people , but no one raise any question. Hiring people is like a everyday hobby to them like they order dinner every day, firing people are their favorite attitude like if u done like the dinner just through the dinner out from the window or door.
I am in stress.u will see just 2-3 nationality over there.
Everyone is telling me that coat can not be the reason to fired me. People are saying that I was more educated then them and they were in secure that I will go up with my degree and hard work. My kind of supervisor was telling me the same day that u should be promoted and she will be talking to manager. I didn't know that instead of promotion I will be terminated. They used me given me more experience then my tittle that shows I had the ability to go up.
Actually there was one manager then second manager came they started making me to take off badge. And then there was one more HR manager she supported 2 other manager they all terminated me. And then they were spreading the words That me ( MADIHA) quit the job ... I am fortunate enough that I got witness. She even wrote that all managers are wrong. But within comany every one teamed up against me. And terminated me within 5-8 minutes. All co- workers are with me and in shocked that over the coat they terminated me, even I appalogized,.
At work everybody is asking me that it's wrong and they picked and choose me among other co- workers who have done the same thing. No verbal or written warning that was childish and dumb. They just wanted to use their authority
Posted by David Williams
I was recently terminated for not following procedure I had no procedure to follow due to the fact that I did not have a case so because management thought I should have notified the district attorney's office in regards to my case which I did not have enough substantial information to pursue a case. I was terminatedwhere do I go and who do I turn to
Posted by Stephanie
My employer fired me cause I had strep throat and I couldn't come in I work at a restaurant
Posted by Michael Miller
I signed a contract offer sheet that had a reasonable expectation of employment and employment length. I was terminated after less than 90 days. I was told that it had been determined that I was not a fit and that they had chosen to move in another direction. The principal reason was performance. There were only arbitrary expectations. No documentation. I am able to provide more detailed information.
Posted by Dennise Schalk
I was terminated for really in my eyes no reason. I was a contractor & after 2 1/2 years the customer decides that my job performance isn't up to what he would expect so the told the company I work for that he didn't want me back. The company told me they are going to give me the option to resign or be terminated. when asked why, they said my performance wasn't good. when I mentioned that the review that was done in March 14 did not state anything about my performance being bad. Review said all was w/then expectations or outstanding. So they really all caught me off guard. Not sure if I have a case for Unlawful termination but like to see. Thanks.
Posted by jack
if an employer were to require you to sign a paper allowing a government agency to conduct surveillance on you, and threaten you with termination if you refuse to sign, would that be grounds for legal action?
Posted by Josh Rene Calderon
I was terminated because my employer said I didn't communicate with after a major car accident. But I did so with the best that I had. I broke my spine so couldn't even get out of bed, and in the CaR accident my phone got demolished. I would communicate with my manager thru my team leader cuz I had no care taker or means of communication in my home. I don't even have electricity, he specifically told my team leader to tell me my job is secure but when I was cleared said I didn't communicate with him. Yet he told my team leader my job was secure but when I had told my team leader to tell him I was being cleared sooner the expected he filed for my termination.
Posted by Shellia jones
She was terminated for lack of correct actions with no employee handbook.
Posted by Tyrone Gilliam
I was terminated for sexual harassment on facebook, derogatory comments were made toward a fe termmale coworker off the job on my facebook page not by me, but by my son who had access to my page.My employers couldn't prove it was me but only that it came from my page so they terminated me for it.
Posted by Shirley Sharkey
Do You handle cases for extreem negligence on phycihatric medical release from hosipitatal in patient facility?
Posted by ricardo ramirez
Fui despedido estando incapacitado por el doctor de mexico y de el centro california, le lleve la nota del doctor y ellos me dijeron que estaba despedido porque segun ellos no hable para decir que iba a faltar al trabajo.en los tres dias que tedan para que uno hable para que no lo corran del trabajo .
Posted by becky madany
I was fired for something I did not do. I tried to tell my story to my boss, he would not listen. A cowoker loss her black book, that had money in it and charger card slips in it. I found it in the bathroom. So my boos thought I took it. I told him I didnt do it, he said he had me on a video tap with a black book. I told him that was my black book I have in my hand. He would not listen to me. See everyone has THE SAME black book there. HE is also telling pepole that I said I did It as a joke. what can I do.
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