Q. If an employee believes he has been terminated unfairly, does he have a legal right to challenge the termination?
A. Yes. It is not illegal to be terminated “unfairly,” but there may be another basis for a claim. Most commonly, employees who are terminated sue for discrimination based on their membership in one or more protected classes, such as race, sex, color, national origin, religion, age, disability, sexual orientation or ancestry.
Another potential cause of action is wrongful discharge. If an employee believes he or she has been terminated in violation of a public policy (e.g., being terminated in retaliation for taking workers’ compensation leave), he or she may be able to bring a wrongful-discharge action.
- Don't punish staff for off-site political comments, but at work, it's your call
- Use consistent hiring, firing processes to knock down age discrimination claims
- Providing References to Other Employers
- Is the government moving to address restrictions on employee discussion of wages?
- Take direct approach to firing