Wrongful Termination
What Is Wrongful Termination
In general, a private-sector employer can fire an employee at any time for any reason, unless an employment agreement specifies otherwise. While having such extensive authority to fire or dismiss employees “at will” allows for flexibility on both sides of the equation, employers cannot fire an employee for the incorrect reason. Wrongfully terminating employees may result in statutory fines and/or the payment of damages for lost income, benefits, emotional distress, and attorneys’ costs.
Discrimination is illegal, and employers cannot use it as a reason to fire an employee. The following are examples of employment discrimination that are prohibited by the State and Federal law:
- Discrimination based on race
- Discrimination based on gender and gender identity
- Discrimination based on religion
- Discrimination based on age (40 and over)
- Discrimination Against Pregnant Women
- Discrimination Against People with Disabilities
- Discrimination based on sexual orientation
Employers may not fire an employee in retribution for fighting for their rights or reporting illegal behaviour, such as discrimination. Employees are likewise protected from being fired if they join, create, or support a labour union. Employees are also protected from being fired if they cooperate with coworkers to improve their working conditions or pay/wage (with or without a union) or if they attempt to defend their wage and hour rights.
An employer is not allowed to fire an employee for engaging in protected whistleblower actions. An employee is protected as a “whistleblower” if they uncover covered business wrongdoings or law breaches that pose a major and particular risk to public health and safety and then disclose it or refuse to engage in the illegal behaviour. To be protected as a “whistleblower,” an employee must first provide their employer a fair opportunity to alter their behaviour or practice by bringing their discoveries to a supervisor’s notice before disclosing it to a public agency.
An employer may not fire an employee for asking or exercising certain protected rights, such as those listed below:
If an employee requests Family Medical Leave, the company must accommodate the request.
An employee is protected from being fired or facing retribution from their employer if they file a workers’ compensation claim, a disability benefits claim, or testify before the Workers’ Compensation Board.
Refusing to submit to sexual advances; reporting a sexual harassment incident; testifying or assisting in a proceeding involving sexual harassment; opposing sexual harassment verbally or through an informal complaint to management or a supervisor; complaining that another employee has been sexually harassed; or encouraging a fellow employee to report harassment are all reasons for termination.
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If an employee has signed an employment contract, there may be limitations on when they can be fired. Whether an employee is dismissed without cause and feels it was done so in violation of their written contract, they should have it reviewed by a competent employment attorney to see if there is anything in the agreement that would limit the employer’s power to terminate them without cause. Contact us if you have been a victim of wrongful termination.
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