When Can You Sue an Employer for Wrongful Termination?

Last Updated on August 30, 2023 by

It can be a scary experience to be fired from your job. You may feel like you’re out of options, but in reality, you have legal rights and protections under the law.

When it comes to wrongful termination lawsuits, there are several situations where an employee can sue their employer for wrongful termination or other violations of their employment contract. 

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Discrimination

Discrimination may take place when an employer treats a person unfairly because of a personal characteristic, such as race or gender. There are many different kinds of discrimination, including race discrimination; national origin/ancestry discrimination; religion/creed (or religious observance) discrimination; age (40+) ageism; pregnancy/childbirth bias; disability-related bias (including physical or mental limitations); orientation bias against lesbian, gay.

Retaliation for reporting discrimination, harassment, or other inappropriate conduct in the workplace.

Retaliation is a form of discrimination. This can be in the form of termination, demotion, harassment, or other forms of discrimination. It also includes retaliation for reporting discrimination and harassment in the workplace. In some states, it may be illegal to fire someone for making a complaint about unlawful conduct that violates public policy.

Whistleblowing

If you’ve ever had the feeling that something was wrong at your job and wanted to speak up, you may have discovered that doing so could cost you your job. In some cases, telling someone about illegal practices can result in retaliation from employers or other workers who want to protect the status quo.

The good news is that whistleblowing—the act of reporting wrongdoing within an organization—is protected by law. This means that if you feel like your boss is breaking the rules or regulations and try to report him or her for it, you cannot be fired for “whistleblowing.”

However, not all whistleblowers are protected under whistleblower laws. Even if someone isn’t actually breaking any rules and laws with their actions (and sometimes even when they are), they might still be considered a whistleblower by virtue of speaking out against unjust policies or behavior within their workplace—and those people will also be legally protected against retaliation from employers who don’t agree with what they’re saying.

Violation of the public policy

Public policy is the unwritten moral code that guides our society. The Constitution and federal laws are an example of public policy. If your employer’s decision to terminate you violated a public policy, then you may have a case for wrongful termination.

Examples of public policies include:

• The right to privacy;
• Protection from discrimination based on race or gender;
• Ensuring that employees are treated equally by their employers (i.e., not discriminated against);

You can’t sue your employer just because you were fired.

It’s important to understand that being fired itself is not illegal. Your employer can fire you for any reason or no reason at all, as long as they don’t violate any laws or contracts in the process.

However, an employer who fires someone based on discrimination or retaliation may be liable for damages. For example:

• If your boss fires you because of your race, gender, age, or other protected characteristic (like having a disability) and not for legitimate reasons connected to your job performance—like poor attendance at work or sloppy work habits—they could end up paying damages related to wrongful termination.
• If someone else has been given preferential treatment over you because of their race, gender, or another protected characteristic (like having a disability), then this could also be grounds for bringing a lawsuit against your former employer for wrongful termination and/or discrimination/retaliation under federal law 42 U.S. Code § 1981 (Title VII).

Conclusion

The short answer is no, you can’t sue your employer just because you were fired. But you may be able to file a wrongful termination lawsuit if your employer has violated the law or committed some other type of misconduct. In order to win such a case, however, it will be necessary for you to prove that there was indeed wrongdoing on the part of your ex-employer—and that it wasn’t just an ordinary business decision by the company.

Read More: Top 6 Ways To Start A Workplace Claim Against Your Employer