Wrongful termination occurs when a manager illegally fires an individual either in contradiction to an employment contract or for taking a protected action.
If an employee’s contract lays out grounds for termination the employer cannot fire the employee on other grounds. The contract itself can help prove wrongful termination by showing the grounds acceptable for termination and any policy or procedure articulated for termination.
A protected action can include filing a complaint of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination or harassment. To show that wrongful termination occurred the employee must show that they engaged in a protected action and that the protected activity was the reason for the termination.
Even if the employee is at-will meaning the employer can terminate the employee at any time, the employee cannot be fired if the reason violates discrimination or harassment laws. Therefore, proof of the protected action and the firing along that action will be relevant in this case as well.
If you think you were wrongfully terminated, we can help. At McOmber McOmber & Luber, we take a proactive approach to each and every legal issue our clients face. Call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, or contact us at 888-396-0736 or online for a free consultation.