Common Misconceptions About Wrongful Termination Laws

Wrongful termination is one of the most misunderstood legal terms out there. The facts behind what qualifies as wrongful termination, when it is applicable, and who it impacts are susceptible to many myths.

You must dive into the facts to learn the truth about this confusing term. Doing so will help clear up common misconceptions about wrongful termination laws and allow everyone to understand what they mean and how they might affect their cases. 

What Is Wrongful Termination?

Wrongful termination occurs when a worker is terminated for an illegal or inappropriate reason. Usually, this involves the employer not following the standard termination process or initiating it for some illegal reason. 

However, a termination is only wrongful if it meets certain criteria. Understanding the truth about wrongful job loss laws can help you determine whether you’ve been illegally dismissed. 

Common Misconceptions About Wrongful Termination Laws

To fully understand wrongful termination laws, one must start by dispelling wrongful termination myths. By debunking common wrongful termination beliefs, you’ll be better able to understand your rights in the future. 

You Cannot Be Terminated for Inadequate Reasons

Clarifying misconceptions in termination laws starts with understanding at-will employment. Most states and localities practice at-will employment, meaning a company can fire an employee for any reason it deems valid. In other words, employers don’t need a good reason to fire an employee. 

Some laws restrict at-will employment and protect workers in certain cases. When a termination occurs in these exceptional circumstances, it falls under the category of wrongful termination. 

There Needs To Be a Reason

With at-will employment, employers can terminate employees for no reason at all. Again, there are some restrictions, but most employees can be terminated without a reason. 

Workplace Discrimination Laws Don’t Impact Wrongful Termination

Workplace discrimination laws greatly impact wrongful termination cases. If an employee is let go because of workplace discrimination, the incident would fall under the category of wrongful termination. 

These Laws Only Protect Some People

Many illegal dismissals resulting from discrimination happen to women and minorities. This leads some to believe these are the only groups of people protected by these laws. 

This is false. Employers cannot discriminate against anyone on the basis of:

• Gender
• Sex
• Race
• Age
• Disability
• Religion
• Other personal characteristics 

So, someone being fired for being old, being of a certain race, or practicing a certain religion would be an example of workplace discrimination, thus falling under the category of wrongful termination.  

A Verbal Contract Is Just as Good as a Written One

In some cases, a contract can protect an employee from termination. If the company still chooses to terminate them in a way that violates this contract, it may be a case of wrongful termination. 

However, all of this must be in writing. A verbal contract is extremely hard to enforce and often hard to prove. The company can simply deny that it ever existed and, with it, any proof to the contrary.

So, most cases of wrongful termination do not involve a verbal contract. 

It’s Not Wrongful Termination If You Quit

When you think of wrongful termination, you likely imagine an employee suing their employer after being fired. You don’t normally think of an employee suing after they quit. However, this is entirely possible when trying to clear up wrongful termination misunderstandings after the fact. 

Sometimes, workers are treated very poorly and face a hostile workplace. It can become so toxic that they are essentially forced to quit. In other cases, an employee may be illegally pressured into quitting. For instance, imagine a workplace where an employer wants to fire a worker because of their race or gender — one would hardly want to continue subjecting themselves to such an environment. 

An employer fearing the consequences of wrongful termination may treat the employee so poorly that they end up quitting. This would still count as wrongful termination even though the employee quit on their own. 

It’s Easy To Prove Illegal Termination

Wrongful termination is often very difficult to prove. Unfortunately, it often ends up being a case of he said, she said. 

This is why evidence is so important. Documentation can make it much easier to prove wrongful termination. It can also prevent a lot of stress during an already stressful process. 

Understand the Facts About Wrongful Termination

Once you learn the truth behind common misconceptions about wrongful termination laws, you’ll be able to pursue your case with greater confidence. Plus, if you work with an experienced wrongful termination attorney, you’ll be much better prepared to make your case and work toward the remedies you may be eligible for.

If you’re ready to tackle your wrongful termination case with the help of an experienced attorney, contact Kent Pincin. Give us a call today at 301-376-0922 to get started.