Wrongful Termination
What does "Wrongful Termination" mean in law?
Wrongful termination occurs when an employer discharges an employee in violation of a statutory prohibition, a contractual obligation, or a recognized public policy. The three principal theories supporting a wrongful termination claim are: (1) violation of anti-discrimination statutes such as Title VII or the ADA; (2) breach of an express or implied employment contract; and (3) termination that contravenes a clear mandate of public policy, such as firing an employee for filing a workers' compensation claim or refusing to commit perjury. The burden of proof typically requires the plaintiff to establish that the termination was motivated by an impermissible reason, after which the burden shifts to the employer to articulate a legitimate, nondiscriminatory rationale.
Definition
Wrongful termination occurs when an employer discharges an employee in violation of a statutory prohibition, a contractual obligation, or a recognized public policy. The three principal theories supporting a wrongful termination claim are: (1) violation of anti-discrimination statutes such as Title VII or the ADA; (2) breach of an express or implied employment contract; and (3) termination that contravenes a clear mandate of public policy, such as firing an employee for filing a workers' compensation claim or refusing to commit perjury. The burden of proof typically requires the plaintiff to establish that the termination was motivated by an impermissible reason, after which the burden shifts to the employer to articulate a legitimate, nondiscriminatory rationale.
Example
A nurse who is fired the day after reporting unsafe patient conditions to a state regulatory agency may bring a wrongful termination claim on the theory that the discharge violated public policy favoring workplace safety reporting.