Law Blog

According to our internal traffic statistics, it appears that one of the most popular law library articles on our website is about wrongful terminations.

Does this mean that your employer is going around firing employees left and right, just for fun? Probably not…unless you work for this guy.

More likely, the current state of the economy (in case you haven’t heard, it’s not doing too hot right now) has led to many people losing their jobs, with no sign that the bloodletting of employment is going to abate anytime soon. When someone loses their job, especially if it’s for economic, and not performance-related reasons, they are understandably upset.

However, the vast majority of terminations are perfectly lawful. In virtually every state in the U.S., employment is “at-will,” meaning that the relationship is completely voluntary, and dependent on the mutual consent of both parties. This means that employees can quit their jobs at any time, and that employers can fire them at any time, for any reason, or for no reason at all.

There are exceptions, however. For example, under federal law, and the laws of almost every state, it is unlawful to fire or refuse to hire a person because of their race, color, religion, national origin, sex, or disability (if it can be reasonably accommodated). Also, if the employee is working under an employment contract, they can only be terminated pursuant to the terms of the agreement.

Whether your termination is ultimately found to be lawful or not, it is not a bad idea to speak with an attorney if you suspect that improper motives colored your employer’s decision. It’s better to talk with an attorney for a few minutes and have them tell you that you don’t have a case, then to sit on your rights, and let a valid claim for wrongful termination slip through your fingers.

Many people seem to recognize this, and are using LegalMatch to help.

With the U.S. economy spiraling further down the seemingly endless pit of economic ruin, it’s no surprise that unemployment rates are on the rise across the nation.  Almost every industry has been hurting, especially those in the technology sector.

To the lucky few fortunate enough to have dodged the wave of layoffs, as they say, go the spoils.  Only in this case instead of getting those same old boring rewards, this elite group gets the extra special gift of actually keeping their menial soul-draining jobs, but without all that unnecessary stuff, like shorter hours or, you know, more money.  At least they’ll get yolked (it’s slang people, get with it) since they’ll have to do the work of three people just to keep said soul-crushing job.

But with being fired inevitably comes the stages of job loss (which by the way seem suspiciously similar to some other grief process – I think the Kübler-Ross estate might have a lawsuit).  There’s no better feeling than finally getting over being let go, picking yourself up by your bootstraps, and then hiring an attorney to file a wrongful termination suit against your old employer.  Ahhhh, sweet revenge, I’ve missed you…

All joking aside, wrongful termination is a real and serious issue.  Homelessness is on the rise and as this economy continues to tank, more and more people will likely be fired from their jobs.  Unemployment doesn’t only destroy a person’s financial livelihood.  It can also damage a person’s self-worth, not to mention obliterate a marriage.  Finding out whether you’ve been wrongly terminated from your job can be difficult, especially in a bad economy where an unjust firing can easily be passed off as a cost-cutting layoff.  But if there’s one thing that is certain, when people are pushed into a corner, they’ll likely fight back.

In fact, according to our client case database, in the month of June alone LegalMatch.com has seen a nearly 100 percent increase in the total number of wrongful termination cases brought by our clients when compared to the same month in 2008.  Furthermore, the average number of wrongful termination cases handled by LegalMatch.com has consistently increased by approximately 20 percent over the past four fiscal quarters.  Those employed under at-will contracts in the retail, transportation, or manufacturing industries were most likely to bring a claim for wrongful termination, making up nearly one-third of all wrongful termination cases LegalMatch.com received.  These figures increased in portion to the sagging US economy.

So what can you do if you think you’ve been wrongly terminated from your job?  First thing would be to see if you qualify under any of these exceptions:

• Discrimination – The employer cannot terminate employment because the employee is a certain race, nationality, religion, sex, age, or in some states, sexual orientation.
• Retaliation – An employer cannot fire an employee because the employee filed a claim of discrimination or is participating in an investigation for discrimination. This “retaliation” is forbidden under civil rights law.
• Contractual Employees – Generally, an employee with an employment contract can only be terminated for the reasons stated in the contract. Employment contracts for specified periods of time or permitting terminations only for specific reasons are rare today.
• Illegal Acts -An employer is not permitted to fire an employee because the employee refuses to commit an act that is illegal.
• Family or Medical Leave – Federal law permits most employees to take a leave of absence for specific family or medical problems. An employer is not permitted to fire an employee who takes family or medical leave for a reason outlined in the Family and Medical Leave Act.
• Not Following Own Termination Procedures – Often, the employee handbook or company policy outlines a procedure that must be followed before an employee is terminated. If the employer fires an employee without following this procedure, the employee may have a claim for wrongful termination.

However, the best way to find out whether your termination was wrongful would be to consult with a qualified employment lawyer who can sit down with you and walk you through your options.  Otherwise you might end up like this guy.