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Circumstances that lead to wrongful termination

Whenever an employee is fired, terminated, or otherwise let go by a company, it is reasonable for the employee to feel kilted and wronged. They may even think that they were fired under dubious or wrongful circumstances. Whether that is true or not, it is important for any employee that is discharged to consider their legal situation.

Why? Well, when an employer fires an employee, there is always the possibility they opened themselves up to a wrongful discharge lawsuit. Even though most employment is "at-will," meaning that a company can end the relationship with an employee for nearly any reason, there are still circumstances that are protected. And the employee still has rights. So if the employer fired the individual for any discriminatory reason -- from race to religion, sexual preference to gender -- then they still made an illegal move.

Wrongful termination can also occur outside of discriminatory circumstances. For example, a company could violate contractual obligations or provisions with an employee when they fire him or her. Another example is if the employee refused to perform an illegal action requested by a boss or company, and the company retaliated by firing him or her.

There are also protected forms of time off, such as time off under the Family Medical Leave Act (FMLA), time off for serving in the military, and certain protected events such as voting and serving on a jury. If an employer terminates you because you use these forms of time off, then they are acting in a wrongful manner.

Source: FindLaw, "Was I Wrongfully Discharged From My Job?," Accessed Nov. 7, 2017

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