Employers are required to follow specific laws regarding their employees. One important employee protection is their right to not be wrongfully terminated. This concept understandably confuses some people because employers typically don’t have to provide a reason for a termination.
Wrongful termination means that an employer lets an employee go because the employee engaged in a protected activity. Employees are protected when they engage in certain activities, such as reporting workplace discrimination or harassment, taking leave under the Family and Medical Leave Act (FMLA), filing formal complaints with human resources or government agencies and cooperating with investigations into workplace misconduct.
How retaliation can lead to termination
Employees are retaliated against if engagement in a protected activity is the basis for any negative employment action. This could include demotion, false performance reviews that are poor, unfair disciplinary actions, or termination.
If the employee can prove that the adverse action was a direct result of a protected activity, the employer could face legal consequences, including fines, penalties and the obligation to reinstate the employee. In many cases, the person responsible for the retaliation might be terminated to protect the organization from further liability.
Once an employee engages in a protected activity, they must ensure they’re complying with all company policies. They can still be terminated for violating policies as long as there’s a clear standard that other employees who violate the same policies would face the same consequence.
Preventing retaliation in the workplace
To avoid retaliation claims, employers must ensure that all employees, especially those in supervisory roles, understand what constitutes retaliation and the legal risks involved. Clear policies, regular training and prompt action against any retaliation can help create a safer and more compliant workplace environment.
Proving retaliation occurred
Employees who face retaliation, including wrongful termination, should keep documentation about the situation. They must be able to tie the retaliation to the protected activity.
Employers will likely try to combat those retaliation and wrongful termination claims, so the employee should have as much documentation as possible. Retaliation and wrongful termination claims can be complex, so it’s typically a good idea for an affected employee to seek legal representation.