Wrongful termination occurs when an employer ends employment in a way that violates the law, the employment contract, or established policies. Unlike unfair dismissal which focuses on fairness, wrongful termination concerns legality.
Common Grounds
Termination may be wrongful if it violates anti-discrimination laws, breaches the employment contract, retaliates against protected activity, violates public policy, or ignores required procedures. The specific grounds available depend on jurisdiction.
Damages
Wrongful termination claims can result in back pay, front pay for future lost earnings, benefits continuation, compensatory damages for emotional distress in some cases, and occasionally punitive damages. Attorney fees may also be recoverable.
Prevention
Preventing wrongful termination claims requires following proper procedures, documenting performance issues and disciplinary actions, ensuring termination decisions have valid non-discriminatory reasons, and providing required notice or pay. Consulting legal counsel before terminating is advisable.