Types of Wrongful Termination
Some examples of wrongful termination of employment include the following:
Employers or other employees using defamation of character to warrant the dismissal of an employee
Discrimination based on age, race, sex, orientation, religion, or disability in violation of the Civil Rights Act of 1964. In Massachusetts the law also provides for remedies to such discrimination General Law Chapter 151B baring unnlawful discrimination because of race, color, religious creeed, national origin,ancestry or sex.
-Wrongful termination in violation of contract agreements
-Wrongful termination in violation of the normative firing procedures as stated by company handbooks, manuals, or in employment contracts
-Wrongful dismissal on the grounds of negligent or any undesirable actions that the victim was not responsible for in any manner
-Illegal firing in retaliation to whistle blowing actions, worker’s compensation claims, or other assertions of an employee’s legal rights
-Violations of implied contract laws
-Violations of public policy in regards to local, state, or federal statutes and laws
-Wrongful termination through constructive discharge such as making working conditions so intolerable that the average and reasonable employee would refuse to further work at this capacity
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Tools used to Combat Wrongful Termination
Documents an employment attorney will look at when pursuing your employment wrongful termination include all documentation relating to your past job performance, the circumstances and all documentable evidence surrounding your termination, deposition statements made under oath from potential witnesses, company memos, email communications, as well as all company handbooks, manuals, and any and all employment contracts, whether documented or implied. All this information is then compared with existing local, state, and federal laws to determine the strength and efficacy of your employment wrongful termination case.