Mindy Farber: Wrongful Termination Frequently Asked Questions, Part 1

1. Mindy Farber: Wrongful
Termination Frequently Asked
Questions, Part 1

2. 
An experienced attorney, Mindy Farber runs
Farber Legal, LLC, one of the most prolific
employment law firms in the Washington, D.C.
area. Mindy Farber has handled hundreds of
wrongful termination cases over the past two
decades with one of the highest success rates in
the field.

3. 
How is “wrongful termination” defined?
It isn’t, as “wrongful termination” is not a technical
legal term. However, there are a handful of
reasons that are considered unlawful grounds for
termination. These vary from state to state, but
generally revolve around a firing decision that
impedes the worker’s rights. The best way to
determine if your rights have been violated is to
contact an attorney.

4. 
For what reasons can I be fired?
In most states, you can be fired for virtually any reason
that does not violate your rights. For instance, you can be
fired because your boss doesn’t enjoy working with you,
or you don’t fit into the culture of the company, or you are
not willing to accommodate the company’s work
schedule.
You cannot be fired for any discriminatory reason,
including age, race, sex, pregnancy, disability, and so
forth. In addition, a number of statutory exceptions
protect you from being fired. These include your refusal
to engage in illegal activity, acting as a whistleblower for
wrongdoing, or taking a medical or family leave.

5. 
What is an “employee at will”?
In most states, employment in most occupations
is considered to be “at will.” This means that you
engage in employment of your own volition. As
such, the employer can terminate you at any time
without reason and without warning. In certain
states, there are exceptions to this rule; for
example, if your union agreement provides limits
to why and how you may be dismissed, or you
have a contract with the employer guaranteeing
you certain protections. These conditions vary
from state to state, so you will need to contact an
attorney to find out if your case qualifies.

6. 
Can I be fired following recovery from a workers’
compensation claim?
Generally, yes. The employer is not required to
keep your position open for you simply because
you have recovered from an accident and are
again capable of performing the same duties. He
or she may have found someone to replace you in
the meantime, especially if your position was
critical to the operations of the company.

7. 
What is constructive discharge?
Constructive discharge constitutes a special case,
in which the employer renders working conditions
so intolerable that you have no option but to
resign. In this scenario, you may be entitled to sue
for wrongful termination.