Re: What Guidelines Determine Wrongful Termination Due to Workers Comp Case
Most employment is “at will” meaning that an employee can
What Guidelines Determine Wrongful Termination Due to Workers Comp Case
be terminated at any time and for almost any reason.
Still, there may be situations where a termination is illegal.
What Makes a Termination "Wrongful"?
The term "wrongful termination" means that an employer has fired or laid off an employee for illegal reasons in the eyes of the law. Illegal reasons for termination include:
- Firing in violation of federal and state anti-discrimination laws;
- Firing as a form of sexual harassment;
- Firing in violation of oral and written employment agreements;
- Firing in violation of labor laws, including collective bargaining laws; and
- Firing in retaliation for the employee's having filed a complaint or claim against the employer.
Some of these violations carry statutory penalties, while others will result in the employer's payment of damages based on the terminated employee's lost wages and other expenses. Certain wrongful termination cases may raise the possibility that the employer pay punitive damages to the terminated employee, while other cases may carry the prospect of holding more than one wrongdoer responsible for damages.
Moderator Responses are based on my personal bias, experience and research - always consult an attorney.