Wrongful Discharge / Wrongful Termination
Wrongful Discharge / Wrongful Termination claims arise when one is actually or constructively terminated for fulfilling societal duties or exercising rights of public importance related to their role as employees.
Constructive discharge means that one is not actually terminated, but chooses to quit because of extreme and unacceptable working conditions. A wrongful constructive discharge can arise in one of two circumstances. First, a constructive discharge may exist when an employee’s quits their employment when told to “resign or be fired.” The second category is where one quits because of unacceptable working conditions. Under this latter circumstance, one must show that no reasonable employee would continue working in the work environment and that the unacceptable work environment was created by the employer with the purpose of forcing the employee to quit.
Wrongful Discharge claims are often brought in conjunction with other statutory claims that have attorney fee provisions for the prevailing employee. Identifying a valid statutory claim to go along with a wrongful discharge claim is helpful because wrongful discharge claims do not require the court to award attorney fees to the prevailing employee.