Introduction
It can be distressing when a decision to terminate is made improperly. In such cases, the fired employee may appeal the judgment. However, this employee would have had no recourse if the decision had been made legally. Wrongful termination involves unethical conduct, such as firing an employee for the wrong reasons. Even if the situation may be annoying and unpleasant, it is fixable if it can be proven that the termination was legitimate.
An employee can contest a wrongful termination for a few reasonable potential grounds. However, there are specific circumstances where a fired employee has no other options. Thus, the essay will discuss the grounds on which a worker may contest a wrongful termination and the situations in which a dismissed employee may not have any other options or means of remedy.
Legitimate Reasons for a Wrongful Termination
Being unlawfully dismissed for an unlawful reason, such as breaching a contract or violating federal anti-discrimination legislation, constitutes wrongful termination. An employee should not be fired, for instance, because of her race, gender, ethnic origin, religion, or handicap (Doyle, 2022). An employee may be able to allege wrongful termination if they are let go for one of the following reasons: breach of contract, discrimination, or being asked to engage in unlawful conduct. Some instances may occur when company policy has been broken, whistleblowing has taken place, or a public policy has been violated.
An accusation may involve the employer treating a person in a way designed to cause them emotional distress or making defamatory statements about them to subordinates or other persons (Doyle, 2022). The employee may claim that the company breached their privacy if they improperly disclosed the basis for the involuntary termination.
In rare circumstances, the employer may be accused of taking action in retaliation for a whistleblower. They can claim that they were fired as reprisal for exercising a legitimate right, such as reporting discriminatory or other unlawful working conditions or taking time off under the Family and Medical Leave Act or the Military Leave Act.
Situations With No Recourse
It might involve theft, fraud, or other unlawful activity. It should go without saying that a worker who commits theft from the office or falsifies financial documents may also face criminal charges in addition to being fired (Doyle, 2022). An employee most certainly has little recourse if they are fired for exhibiting this type of behavior. There are several instances of a lack of credentials. An employer has the right to terminate an employee for failing to meet the requirements for a given employment, especially if the individual exaggerated their credentials on a CV.
With few exceptions, this is a reasonable and lawful reason to terminate an employee, particularly if other individuals are at risk due to the person’s subpar performance (Doyle, 2022). A worker unable to adapt to the corporate rules and culture will likely lose their job without other options. An employee who participates in harassing, bullying, or intimidating coworkers or subordinates may face termination, as the employer may be liable for this behavior in the event of a harassment or discrimination complaint.
Conclusion
As employers or workers, everyone has rights for a purpose—nothing to be concerned about when the task is done correctly. Most workers in the private sector are considered to be employed at will in the United States. It implies that, barring discrimination, their employers are entitled to terminate their employment at any time, for any reason, or for no reason at all. This indicates that many recently eliminated positions were not a pleasant surprise and were terminated abruptly.
References
Doyle, A. (2022). What are an employee’s rights after job termination? The Balance. Web.