What Constitutes Wrongful Termination  

Wrongful termination generally means an unfair discharge for an employee. However, there are certain exceptions for unfair employment discharge. Wrongful termination can also be referred to as wrongful discharge or wrongful dismissal, wrongful firing, illegal dismissal, discharge or termination.

In a legal sense, if an employer illegally discharges an employee, the act constitutes wrongful termination. If the discharge is not wrongful or illegal, then it does not constitute wrongful dismissal, at least in a legal sense, no matter how unfair it may seem. There are a variety of federal laws and not a federal “wrongful termination law” per se. These are collectively called as wrongful federal laws or wrongful discharge laws and if the employer violates such laws by discharging employees, it constitutes wrongful termination.

If employers violated public policy or provisions when discharging employees, the act also constitutes wrongful termination. The same goes if the employers violate legal principles and concepts related to employment.

Following are some notable examples to constitute wrongful termination:

  • If an employer discharged an employee in violation of rights granted by the First Amendment to the US Constitution
  • If an employer violates his or her own discharge policy
  • If an employer the employment-related provisions in the Bankruptcy act or Fair Credit Reporting Act.
  • If an employer violates of a federal or state discrimination law
  • If an employer discharged or fired an employee in retaliation for whistle blowing, wage garnishing, exercising union rights, serving in a military, and legally taking a leave under the Family and Medical Leave Act

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What Constitutes Wrongful Termination

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Wrongful-Federal-Termination-Claims      Wrongful termination means that an employer has discharged, or fired or laid off an employee for illegal reasons in the eyes of law. There are various reasons of illegal termination including: More..




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