Filippatos PLLC Helps Employees Fight Wrongful Terminations
To better understand whether or not an unfair employment discharge constitutes wrongful termination, it is important to know that employment is “at will” in virtually every jurisdiction in the United States. Thus, the employment relationship is generally considered to be voluntary for both employers and employees. Consequently, employers have the right to discharge employees at any time and for any (even unfair) reason (subject to the limited exceptions listed below), just as employees have the right to quit at any time and for any reason. Wrongful termination may also be referred to as wrongful discharge, firing, or dismissal; illegal termination, discharge, or dismissal; or unfair dismissal.
Filippatos PLLC can help employees fight wrongful terminations. Not every unfair employment discharge constitutes “wrongful termination.” Only illegal terminations are wrongful—i.e., only terminations that violate one of a variety of federal, state, or local laws, as well as private contracts. Some wrongful termination laws allow victims to file complaints with the government agencies that enforce those laws, file private lawsuits against their former employers, or both. Because of the variety of laws and legal principles under which legitimate wrongful termination claims can arise, such cases can be both complex and have short deadlines for taking legal action. Filippatos PLLC has the knowledge and experience to help employees through these challenging procedures.
If an employee is discharged for any of the following reasons, the discharge may constitute a wrongful termination:
- In violation of a state or federal anti-discrimination law
- In violation of the employment-related provisions in the Fair Credit Reporting Act (FCRA) of 1968
- In violation of rights granted by the First Amendment to the U.S. Constitution
- In violation of the employer’s own discharge policy
- In breach of an explicit or implied contract of employment (CBA) or an employer-union collective bargaining agreement
- In breach of the covenant of good faith and fair dealing
- Because the employee would not break a law
- For missing work to perform jury duty