What to Do If You Think You’ve Been Wrongfully Terminated

Losing your job can be a stressful and traumatic experience, and termination of employees is rarely a decision employers make lightly. But it can be even worse when your termination was wrongful — i.e., contrary to law, policy, or employment contract. Fighting your former employer over the circumstances surrounding your termination is the last thing you want to do when finding a new job, but seeking recompense for wrongful termination can yield significant benefits. If you believe you were wrongly terminated or are facing a wrongful termination lawsuit, you should seek the counsel of a Richmond employment lawyer. 

At-Will Employment and Its Limits 

Most employment relationships in Virginia, as well as the United States at large, are at-will. This means that employers are free to hire and fire employees whenever they want and for any reason or no reason. On the other hand, employees are also free to accept employment or quit whenever they want and for any reason or no reason. This arrangement has its pros and cons. On the pro side, at-will employment allows for greater flexibility. On the con side, it results in less predictability. However, even with such wide latitude to hire, fire, start, and quit, there are still some limits on employers when it comes to terminating employees, as we will see below. 

What Makes Termination “Wrongful”?

Termination — even of at-will employees — may be considered “wrongful” in the following situations: 

• Discrimination: Termination based on discrimination is illegal under a variety of state and federal laws. Illegal discrimination includes race discrimination, sex discrimination, age discrimination, and disability discrimination, among other forms of discrimination. 
• Retaliation: Retaliation occurs when an employer takes an adverse action against an employee for engaging in a protected act. Such protected acts can include, for example, reporting discrimination or harassment, participating in a workplace investigation, or requesting reasonable accommodations for a disability. 
• Whistleblowing: Whistleblowing occurs when an employee makes a report to a government authority about known or suspected illegal activity occurring in their workplace. Retaliation against whistleblowers is illegal under a variety of state and federal laws. 
• Exercising a statutory right: Termination of an employee due to exercising a statutory right — such as taking leave under the Family and Medical Leave Act or filing a workers’ compensation claim — is a form of wrongful termination. 
• Refusal to participate in illegal activity: Employees have a right to refuse to participate in illegal activity — such as paying off government inspectors, for example — and terminating them for exercising that right may be considered wrongful termination. 
• Breach of employment contract: Many employment contracts spell out whether, when, and under what circumstances an employee may be terminated. Terminating an employee in violation of such an agreement can give rise to a wrongful termination/breach of contract claim. 

To discuss whether your situation could be considered a case of wrongful termination, please contact a Richmond employment lawyer. 

6 Steps for Employees Who Believe They’ve Been Wrongfully Terminated

If you are facing termination (or have already been terminated), our Richmond employment lawyers recommend keeping the following considerations in mind: 

Remain Professional

The last thing you want to do when leaving your job is to burn bridges, not only because it could cost you a valuable reference, but one of the potential legal remedies for wrongful termination is reinstatement. You don’t want your working environment to be awkward if and when you return to your job. As such, resist the urge to engage in “loud quitting.” 

Keep Records of All Communications 

Keep all communications you had with your employer, including emails, text messages, instant messages, letters, voicemails, and any other types of communication you have in your possession. You can use this as evidence when arguing that your employer violated the law or the terms of your employment contract. 

Identify Witnesses 

It is unlikely that the circumstances that led to your dismissal occurred in a vacuum. Chances are, one or more of your colleagues has valuable information that can assist you in proving your wrongful termination case. Be sure to get contact information for any potential witnesses before leaving. 

Do Not Take Proprietary Materials 

While you should hang on to communications between you and your employer, do not take any of your employer’s sensitive or proprietary materials with you when you leave. This can include, for example, company data, human resources materials, customer or client lists, product and marketing plans, and usernames and passwords, among other information. 

Think Carefully Before Signing Anything 

It is not uncommon for employers to attempt to limit their liability for wrongful termination by requesting terminated employees to sign certain agreements on the day of their termination. These agreements typically make an offer of severance pay in exchange for a promise not to sue, as well as a promise not to disparage the employer. Think carefully before signing such agreements. Severance pay is no doubt a tempting offer, but depending upon the strength of your case, you might come out ahead financially through legal action. 

Consult an Attorney as Soon as Possible 

You should move swiftly to file a legal claim if you believe you have been terminated wrongly, as the statutes of limitations for wrongful termination claims vary according to the basis of the claim. For example, the statute of limitations for contract claims in Virginia is five years, while for most other civil claims, the statute of limitations is only two years. You can preserve your right to file a lawsuit by consulting an attorney as soon as possible after your termination. 

Speak to a Richmond Employment Lawyer for Further Guidance 

If you believe you have suffered wrongful termination or are facing a wrongful termination suit by a former employee, you need experienced legal counsel to preserve and defend your legal rights. For more information about pursuing or defending wrongful termination claims, please contact a Richmond employment lawyer at Pierce / Jewett by calling 804-502-2320 or using our online contact form.