You may think your recent termination was wrong or unfair, but it can only be considered a wrongful termination under certain circumstances.
Most employees are employed at-will, meaning that their employer can fire them at any time for any reason. So even if you performed your job well and meet all the requirements of your job, you could still be fired and not have any legal recourse.
There are three important exceptions to this rule, according to the Bureau of Labor Statistics, and it is important to understand them if you are considering a wrongful termination suit.
If your termination violates a specific governmental policy, it could be considered an exception to the employment at will doctrine. For example, the government has specific policies saying that employees cannot be fired for discriminatory reasons regarding age, sex or race, so you could have a case if your termination meets these criteria.
The other exceptions are less common and are rarely successful in court. Basically, if you and your employer had an implied (or verbal) contract or if you were promised job security and then fired, this could represent another exception to your employment at will relationship with your employer.
These exceptions can be complex, and they involve a lot of legal terms and case law, so it’s best toconsult a lawyer when reviewing issues of wrongful termination and employment at will.
A lawyer can review your specific circumstances and evaluate whether your termination meets the employment at will exceptions.
Do you suspect that you may have been wrongfully terminated? Then you should read our sample article Exceptions to the Employment at Will Doctrine. And to view more examples of our work, visit the Sample Content section of our website.