Many people throw the term wrongful termination around without knowing what it actually means. Just because a termination is unfair, or even cruel, does not make it unlawful. This article will touch on the two most common situations in which a termination can be unlawful, and that is if the termination is discriminatory or retaliatory.
Discrimination occurs if an individual is terminated due to being a member of a protected class (race, age, sex, disability, religion, national origin, sexual orientation, etc.).
While the definition of discrimination is somewhat straightforward, many individuals are confused as to what constitutes unlawful retaliation. Here are some examples of unlawful forms of retaliation in the workplace:
- Retaliation for opposing discrimination or sexual harassment
- Retaliation for requesting or taking time off for medical reasons or requesting a medical accommodation
- Retaliation for requesting or taking a maternity or paternity leave
While there are a few other claims that can be made for a termination to be wrongful by law, the above examples are by far the most common. If you believe you may have a claim for wrongful termination, feel free to call us at 888-415-7670 or complete the case evaluation form on our firm’s website.
Author: Gary Martoccio, Martoccio Law Group (licensed in AZ, GA, FL, IL, MA, NC, PA, TN, TX)
