Wrongful Termination. Do you know what it means?

January 19, 2023

There are many situations where one may be led to believe that they were let go by the employer for wrongful reasons, such as personality conflicts with a co-worker or after being wrongfully accused of breaking company policies without proof.  It is not uncommon for workers to believe they were “wrongfully terminated,” despite having never received a write up or otherwise reprimanded at work. However, in the context of workplace rights, wrongful termination is a legal concept that is regularly misunderstood by employees.

Under the law, wrongful termination most commonly occurs when an employee is fired for discriminatory reasons such as those based on age, race, nationality, gender including pregnancy and sexual orientation or disability. This also covers employees who “participate in a protected activity” which includes opposing discrimination at work and/or participates in a federal investigation of a complaint of discrimination, known as an EEOC Charge.

In Louisiana, the vast majority of workers are employed “at will,” meaning, outside of the discriminatory reasons, they can be terminated without cause. In other words, your employer can fire you simply because they do not like the way you dress, or because they do not like your political affiliation.

However, for a very small few, “wrongful termination” may also occur when an employee has a binding contract with the employer that sets the specific terms of the employment such as duties, payment, duration, and benefits. If the agreement guarantees employment of at least one year under certain terms, and the terms are violated by the employer, the employee may have a breach of contract, commonly referred to in this context as “wrongful termination.” Employees in specialized fields are more likely to have employment contracts, such as university professors and hospital neurologists.  

What are some examples of wrongful termination due to discriminatory reasons?  Here are some examples based on our clients’ experiences:

·* A full-time security guard tells her supervisor that she is pregnant. She immediately is taken off of the schedule and is eventually terminated. – Pregnancy Discrimination

·* A nurse with a physical disability makes a request to HR to take two weeks off for surgery. The request is approved. After two weeks, the nurse returns to work and is told by HR that the hospital is downsizing and that it will have to let him go. The following week, however, the same hospital hires five new nurses with the same skills and experience. – Discrimination Under The Americans With Disabilities Act  (the disability must be one recognized under the Americans With Disabilities Act)

 * A white server overhears the owner yell derogatory and racist comments about Black people to a Black line cook. The line cook files a Charge of Discrimination with the EEOC based on race. The server participates in the EEOC’s investigation of the charge, and makes a statement supporting the line cook. The restaurant learns of the server’s participation in the investigation and immediately fires him.  – Retaliation On The Basis of “Protected Activity,” i.e. participating in the EEOC’s investigation of a Charge of Discrimination based on race

If you would like to learn more about wrongful termination or if you think you may have been wrongfully terminated, please contact us by email at wccnola@gmail.com or leave us a message by phone on our intake line at (504) 861 5571.