Avoid Wrongful Termination Claims

Employers must be cautious when terminating employees. All too often, employers make poor decisions in their hiring and firing practices causing them to end up in court. Litigation is very expensive and at times, not affordable depending on the severity of the case.

Employers are prohibited from terminating employees in regards to Public Policy, Breach of Contract, Breach of Implied Contract, Breach of Covenant of Good Faith and Fair Dealings and Discrimination.

For example:

1.) Violation of Public Policy
- Terminating because an employee filed a Workers Comp Claim
- Terminating an employee for filing a complaint with OSHA, EEOC, and EPA….
- OR terminating an employee for “Whistle blowing”

2.) Breach of Contract
- Typically pertains to labor union contracts

3.) Breach of Implied Contract: Verbal agreements or implied guarantees
- Promotions, benefits, pay, etc

4.) Breach of Covenant of Good Faith & Fair Dealings
- Terminating an employee to avoid promoting them, giving them a raise, or any other benefit

5.) Discrimination
- Terminating an employee based on their protected class
· ADEA – individuals over 40 years
· ADA – individuals with disabilities
· Title VII of Civil Rights Act (race, skin color, religion, age, sex (gender), disability or national origin
· EPA – equal pay