If you have been fired and you feel you have been unfairly terminated, you might have a case for wrongful termination.

Wrongful Termination

Wrongful termination refers to an employee being fired or laid off by an employer for illegal reasons. The best way to determine whether a person has been wrongfully terminated is to check whether you have been fired in violation of contractual or legal reasons. It is also important to know that some states allow “at-will” employment. In other words, an employer can terminate your employment at any time for any reason or no reason at all.

You have been wrongfully terminated, if you have fired due to an employer's –

• violation of federal and state anti-discrimination laws
• firing as a form of sexual harassment
• violation of oral and written employment agreements
• violation of labor laws
• retaliation for filing a complaint or claim against your employer

Wrongful Termination Types

• Termination by Discrimination
If the wrongful termination is associated with discrimination on the basis of sex, race, ethnic background, religion, disability, pregnancy, or age, employees are protected because these characteristics fall under federal and state anti-discrimination laws.
• Termination by Harassment
If an has to leave because of workplace harassment, their leaving can be viewed as wrongful termination even though the employee has quit.
• Termination by Breach of Contract

Your employment contract is important in determining wrongful termination. For example, if your contract states you may only be fired if you fail to meet certain standards, then you may not be terminated for other reasons.

A breach of contract must include these 4 elements –

• An employment contract
• The employee fulfilled their duties under the employment contract
• The employee was terminated due to circumstances that breached the terms of the employment contract
• The employee suffered some damage due to the breach of the contract

Refusal to Perform Criminal Acts

Employers cannot fire you if you refuse to commit an illegal act they asked you to do. This does not apply if an employer only suggests that you perform the criminal act but does not fire you when you refuse.

Violation of Civil Rights Statutes

Employers can’t fire an employee who has the right to take time off due to –

• Military duty
• Jury duty
• Voting
• Medical and family leave
• Retaliation

An employer can’t fire an employee for reporting suspected illegal activity to the government. It constitutes wrongful termination because employees are protected under whistle blowing protection laws to speak up about any illegal activity by their employers.

While many states follow “at-will” employment that allows employers to fire an employee for any or no reason, employers can’t fire an employee for an illegal reason.

If you feel you have been wrongfully terminated, consult an experienced lawyer to know more about your options.

To learn more, consult one of the leading sexual harassment and wrongful termination attorneys in Phoenix, AZ at Chahbazi Law PLLC or call 602-282-5868 Now!Attorney Meenoo Chahbazi uses her extensive experience and passion for employment equality to represent Arizona employees in a wide range of employment matters.