Wrongful termination is a term that gets thrown around frequently, but many employees misunderstand what it actually means. In order for a termination to be wrongful, the termination must violate the law. Period. It’s crucial to separate myths from reality when it comes to being terminated. Many employees believe that if they’re let go without an explanation, it constitutes wrongful termination. It doesn’t. Another common misconception that many employees have is that a reason is necessary for a termination. It’s not. An employer is not required to provide the employee with any explanation or any reason for the termination. An employee can be fired for any reason or no reason, just not an illegal reason. Notice is required either. An employer is not required to provide an employee with advance notice of a termination (unless 50 or more people are being let go at the same time). Employment in New Jersey, Pennsylvania, and many other states is “at-will.” That means an employer can terminate an employee without any warning, without any explanation, and without any prior notice. A surprising situation for some employees is being fired right after giving their two-weeks’ notice. Many employees think that offering notice protects them from termination, but employers are within their rights to let the employee go immediately after receiving notice. The employer is not required to let the employee finish out those two weeks.
Some employees believe that if they were fired without any prior write-ups or disciplinary actions, it must be wrongful. While documentation of policy violations or code of conduct violations are often used, an employer is not required to provide the employee with any written notice of infractions. An employer can terminate an employee without ever issuing the employee any disciplinary actions or warnings. Another area of confusion surrounds performance reviews. Some believe that if they’re fired for performance issues but consider their performance to be great, the firing is wrongful. This is not true. An employer’s dissatisfaction is generally sufficient grounds for termination, even if the employee disagrees. It is not wrongful to terminate an employee who has been involved in a workplace conflict or altercation. Employers have broad discretion to terminate employees for being involved in conflicts, even if they didn’t start it.
Another common misconception is that an unfair termination is the same as a wrongful termination. While many firings may feel unfair or unjust, the law doesn’t protect against unfairness alone. Unfair treatment, though frustrating, is not illegal unless it implicates the violation of the law (e.g., an anti-discrimination law) or a right that is protected by the law (e.g., the right to medical leave under the Family and Medical Leave Act). Being falsely accused by a coworker or supervisor does not automatically constitute a wrongful termination. Even if the accusation is incorrect, it doesn’t necessarily make the firing unlawful. Unless a false accusation or a false claim is tied to an illegal motive such as discrimination based on a protected trait or retaliation for engaging in protected conduct, the termination is not wrongful. Employers do not need to prove an employee’s wrongdoing to justify a termination.
Understanding these misconceptions is key to avoiding frustration from mistakenly believing you’ve been wrongfully terminated. To assess whether you might have been wrongfully terminated, here are just some of the questions to ask yourself:
- Was I terminated for a reason related to my sex, gender, race, age, religion, or other protected status?
- Was I fired based on my disability or for asking for a reasonable accommodation?
- Was I fired shortly after reporting discrimination, harassment, or illegal activity in the workplace?
- Was I fired shortly after complaining about unpaid wages or unpaid overtime?
- Did my termination occur after I took or requested medical leave under FMLA, filed for workers' compensation, or exercised another legal right?
If the answer to any of these questions is yes, you may have grounds to explore a wrongful termination claim. Otherwise, while the termination may seem unfair, it might not rise to the level of wrongful termination under the law.