How to File a Lawsuit Over Wrongful Termination: The Definitive Guide
A Look at Wrongful Termination
To put it simply, wrongful termination occurs when an employer terminates a person’s employment contract for reason(s) that are illegal or violate the agreement between the two parties. Wrongful termination is illegal in the United States, and it’s protected under the Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act of 1967, Fair Labor Standards Act, Oklahoma Anti-Discrimination Act (OADA) and/or Oklahoma Wage Payment and Collection Act (OWPCA).
The common reasons that may lead an employer to terminate a person’s contract while violating the law include:
• A person being terminated because of their race, ethnicity, sexual orientation, disabilities, abilities to bear children, marital status, involvement in the local government , or religion.
• A person being terminated without cause or without receiving a "reason why" notice.
• A person being terminated for reporting or opposing an illegal behavior of another employee or their employer.
• A person being terminated after they join or become involved with a labor union; it is illegal to terminate someone for joining a labor union.
Although the general consensus on employee contracts is "at-will," meaning you have the freedom to leave a job whenever you want, but also that your employer has the same freedom, there are exceptions to this clause of employment. Exceptions include discrimination, being fired for filing a good faith complaint regarding some aspect of your employment, special written or verbal contracts between you and the employer, and whistleblowing. The laws that protect and govern employment are extensive and nuanced. Common law, essentially judge-made law that is derived from custom and judicial precedent, also plays a large role in employment law. A closer examination of these laws can be found in the Oklahoma Bar Association’s Guide to Employment Law.