Question

What is wrongful discharge and under what circumstances​ does the law prohibit the discharge of a worker?

Answer 1

wrongful discharge, is a situation in which an employee's contract of employment has been terminated by the employer, where the termination breaches one or more terms of the contract of employment, or a statute provision or rule in employment law. Laws governing wrongful dismissal vary according to the terms of the employment contract, as well as under the laws and public policies of the jurisdiction.

1. Discrimination: The employer cannot terminate employment because the employee is a certain race, nationality, religion, sex, age, or (in some jurisdictions) sexual orientation.

2. Retaliation: An employer cannot fire an employee because the employee filed a claim of discrimination or is participating in an investigation for discrimination. In the US, this "retaliation" is forbidden under civil rights law.

3. Reporting a Violation of Law to Government Authorities: also known as a whistle blower law, an employee who falls under whistle blower protections may not lawfully be fired for reporting an employer's legal violation or for similar activity that is protected by the law.

4. Employee's refusal to commit an illegal act: An employer is noted to fire an employee because the employee refuses to commit an act that is illegal.

5. Employer is not following the company's own termination procedures: In some cases, an employee handbook or company policy outlines a procedure that must be followed before an employee is terminated. If the employer fires an employee without following this procedure, depending upon the laws of the jurisdiction in which the termination occurs, the employee may have a claim for wrongful termination.