Wrongful Termination
Wrongful Termination Definition
Wrongful termination generally means an unfair employment discharge. However,
not every unfair employment discharge constitutes wrongful termination.
Wrongful termination is the most common term used. But an unfair
employment discharge is also referred to as:
- Wrongful discharge
- Wrongful firing
- Wrongful dismissal
- Illegal discharge
- Illegal termination
- Illegal dismissal
- Unfair dismissal
As some of the alternate terms indicate, an employer must illegally discharge
an employee for the act to constitute wrongful termination, at least in
the legal sense.
If the discharge is not illegal, then it's not wrongful termination in
the legal sense, regardless of how unfair it seems.
For example, if a manager unfairly discharges an employee clearly in violation
of a specific discrimination law,
then the discharge was illegal and thus, likely to be wrongful termination.
But, if a manager unfairly discharges an employee because of an unresolved
personality conflict that adversely affects the employment relationship,
then it's not likely to be an illegal discharge and thus, not likely to
be wrongful termination. More examples of what might make an employment
discharge illegal are on the next
page.
To better understand whether or not an unfair employment discharge constitutes
wrongful termination, it's important to know that employment is "at
will" in virtually all states. It means that the U.S. legal system
generally considers employment to be voluntary and indefinite for both
employers and employees.
Consequently, employers have the right to discharge employees
at anytime and for any, no or even unfair reasons, pretty much the same
as employees have the right to quit at anytime
and for any, no or even unfair reasons. Read At
Will Employment for more information or consult a lawyer for
legal advice about wrongful termination.
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