Wrongful Termination Laws: Knowing Wrongful Termination Of The Employees

By: Robert A. Coffman|LRL Editor

Wrongful termination laws rather known as Wrongful Discharge Laws, are laws margining Employers when discharging or terminating their employees. This is done when employers in one way or another violate federal, state law or public policies, or simply by a contract breach.  In a sense, there are no really specific wrongful termination laws stated; however, it seems that all these laws comprise a universal wrongful termination laws.

Here are some cases of wrongful termination or discharge of one's employment

• Discrimination Law Violation – employers act of singling out an employee on basis such religion or belief, nationality, disability, genetics or even caused of age.

If an Employee was discharged solely because of coming to age is most likely employment discrimination.   Example when a 40 years old employee has been terminated, this act to employment discharge is outlawed by Age Discrimination in Employment Act  (1967) which prohibits Age Discrimination against individuals who age 40 years and above, this act was sanctioned by Older Workers Benefit Protection Act (1990) which amended that discrimination of age is unlawful against individuals of such age for employment benefit program.

• Breach of Collective Bargaining Agreement – Wrongful Termination is clear when caused by violation or breach or Collective Bargaining Agreement, this is when the amended terms of employment between employer and employee is not exercised, in this case by the employer to the employee.

An employee was discharged by taking meal breaks when the Collective Bargaining Agreement states that employer is required to give rest and meal breaks to its employees, is a breach of Collective Bargaining Agreement. 

• Covenant of Good Faith and Fair Dealing Violation – Covenant of Good Faith and Fair Dealing is an agreement that implies employers should deal with their employees honestly and fairly.

Classic example of this kind of breach is discharging an employee to avoid their rights to avail their earned rewards, this scenario happens when an employee comes to retirement age.  Also by means of fabricated reasons or defamation of character which cause termination or laying off employees is considered a breach.

• Implied Contract Breach - Agreement that is not explicitly black and white, but presumably amended by all involved parties, such as a manager's words, part of employee manual, record of positive reviews for employee's merit, company policy, historic records for company's actions are some example of Implied contract between employment parties.  It's common to constitute Implied Contract to a "promise" in the margins of employment.

Discharging or terminating employees who are claiming for Implied for contract is a ground of wrongful termination. 

• Constructive Discharge – This can also be translated as, employer might have, inculcated wrongful termination to its employee by establishing a change that forced the employee to quit, this is in accordance with the legality of constructive discharge concepts.

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Wrongful Termination Lawyers: Arm Yourself Against Unscrupulous Employers