MENUWhat constitutes wrongful termination?
Before we get deep into the specifics of wrongful termination, we’ve come up with this list of general aspects of wrongful termination:
Were you fired in violation of Federal & state anti-discrimination laws? (It is important to note that not everything that’s covered under your state’s anti-discrimination laws is covered under Federal law — sexual orientation and gender identity, for example, are still not Federally protected)
Were you fired as a form of sexual harassment?
Were you fired in violation of oral & written employer/employee agreements?
Were you fired in violation of labor laws (this includes collective bargaining laws — in other words, you can’t be fired because you and your co-workers talked about being part of a union)?
Were you fired in retaliation for being a so-called “whistle-blower”?
If the answer to one or more of these questions is yes, you may have been the victim of wrongful termination. Let’s now take a look at some in-depth analysis of wrongful termination.
Violation of Implied and/or Written Promises
In most states, including Minnesota, employment is “at will,” meaning that employees can be fired at any time without notice or cause. Minnesota is one such state that is considered an “at will” employment state, but there are exceptions to the “at will” clause of employment, and that includes a violation of implied and/or written promises of employment. If you can prove that you were promised employment for a certain period of time, and that promise was revoked, you may have a cause of action.
Violation of Good Faith
If your employer makes a promise of wage increases, commissions, or other form of monetary compensation on the basis of merit, and then effectively sabotages you (either by firing you, transferring you into a different department so you couldn’t collect commissions, or making up reasons to fire you so they can put someone else in your place who will work for far less money), that’s considered a violation of good faith. If this has happened, you potentially have a strong case for a wrongful employment termination suit.
Violation of Public Policy
Sometimes, you are called away from work to fill a civic duty. Some of the many civic duties you can be called away from work for include, but are certainly not limited to, the following: serving on a jury for jury duty, voting, serving in the military or the National Guard, and serving as a whistle-blower (either for your existing company or another company). If your employer fires you for performing your civic duty, you have a strong case to prove that you’re the victim of wrongful employment termination.
How can an employment attorney help?
When you hire an attorney that specializes in wrongful termination cases, you will be able to recover lost wages and other potential damages.
Gilbert Alden Attorneys & Advocates specializes in a wide variety of legal areas, including wrongful termination cases. Managing Partner Charlie Alden is one of Burnsville, MN’s best: he was named a Minnesota Super Lawyer’s Rising Star. For more information about us and our services, contact us today to see what we can do for you.