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Wrongful Discharge: What It Means and Your Legal Protections
Definition & Meaning
Wrongful discharge refers to the termination of an employee for reasons that are illegal or violate established public policy. An employee who is considered "at-will" can file a lawsuit against their former employer if they believe their dismissal was unlawful. Common grounds for wrongful discharge claims include:
Violations of state or federal antidiscrimination laws
Retaliation for refusing to engage in illegal activities
Breaches of implied contracts
Violations of implied covenants of good faith and fair dealing
Table of content
Legal Use & context
Wrongful discharge is primarily used in employment law. It encompasses various legal areas, including civil rights and labor law. Employees may seek to assert their rights through legal action or mediation. Users can benefit from legal templates available through US Legal Forms to help navigate the complexities of filing a wrongful discharge claim.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An employee is fired after reporting unsafe working conditions to management. This could be considered wrongful discharge as it may violate public policy protecting whistleblowers.
Example 2: A company terminates an employee shortly after they file a complaint about age discrimination. This could also be a case of wrongful discharge due to retaliation. (hypothetical example)
Relevant laws & statutes
Key laws related to wrongful discharge include:
Civil Rights Act of 1964: Prohibits employment discrimination based on race, color, religion, national origin, or sex.
Age Discrimination in Employment Act: Protects individuals aged forty and older from discrimination.
Montana Wrongful Discharge from Employment Act: Establishes specific criteria for wrongful discharge claims in Montana.
State-by-state differences
State
Key Differences
Montana
Employees may have additional protections under state-specific wrongful discharge laws.
California
Strong protections against wrongful termination based on public policy and discrimination.
Texas
At-will employment is prevalent, but exceptions exist for public policy violations.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Wrongful Discharge
Termination for illegal reasons or in violation of public policy.
Focuses on unlawful termination practices.
Discrimination
Unfair treatment based on protected characteristics.
Discrimination can lead to wrongful discharge but is broader in scope.
Retaliation
Punishment for asserting rights or reporting violations.
Retaliation is a specific reason for wrongful discharge.
Common misunderstandings
What to do if this term applies to you
If you believe you have been wrongfully discharged, consider taking the following steps:
Document the circumstances surrounding your termination.
Review your employer's policies and any relevant contracts.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for templates that can assist you in filing a claim or taking legal action.
Find the legal form that fits your case
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