Attorney
Most employment relationships in Connecticut are subject to “at-will” employment laws, meaning an employer can terminate an employee at any time, with or without cause. However, an employer who fires someone for discriminatory or illegal reasons may be liable for wrongful termination.
Given that employers have the upper hand when making employment decisions like hiring and firing, employees are at a disadvantage. With the help of an experienced employment lawyer, you can level the playing field and protect your rights. Let’s look at wrongful termination and what you can do about it.
What Is Wrongful Termination?
Wrongful termination occurs when an employer fires an employee in violation of their legal rights. Several laws protect employees from wrongful termination. Here is more on what constitutes wrongful termination and how employees can recognize it.
Violation of Federal and State Laws
An employer cannot terminate an employee based on race, color, national origin, sex, pregnancy, religion, age, disability, or genetic information. Federal law protects these classes, and many state laws also add other courses, such as sexual orientation, marital status, and military status.
Breach of Contract
Employers in Connecticut cannot violate the terms of an employment contract when terminating an employee. If an employer does not adhere to the contract’s terms about the duration of employment, job security, and termination procedures, it may constitute wrongful termination. There may be legal grounds for the employee to claim lost wages from the employer.
Retaliation
An employer cannot fire an employee out of retaliation. This can include retaliation for filing a complaint or claim against the employer, reporting illegal activities of the employer, participating in an investigation involving the employee, or exercising a legal right, like voting or taking family medical leave.
Violation of Public Policy
Firing an employee for exercising a legal right or participating in community service such as voting, military service, or jury duty is illegal.
Constructive discharge
Sometimes, an employer may not fire an employee outright but create such intolerable working conditions that the employee feels forced to quit. This scenario is constructive discharge and can qualify as wrongful termination.
Knowing what constitutes wrongful termination can help employees recognize and respond effectively in such a situation.
Steps to Take After Wrongful Termination
If you believe your employer fired you illegally, take the following steps:
- Collect Evidence: Gather all relevant documents, such as emails, performance reviews, and written communications with your employer. Record any conversations or incidents that support your claim, noting the dates and names of those involved.
- Review Your Employment Contract: Thoroughly read your employment contract and company policies to understand your rights and identify any potential breaches by your employer.
- Report the Incident: If applicable, complain to your company’s HR department or higher management. Additionally, consider filing a complaint with administrative agencies like the Connecticut Commission on Human Rights and Opportunities (CHRO) or the Equal Employment Opportunity Commission (EEOC).
Finally, seek legal advice to assess your case and explore your options. An experienced attorney can help you build a strong case and protect your rights.
Legal Strategies for Fighting Wrongful Termination
Although taking legal action against your former employer can be challenging, you have options. Many employment-related disputes can be resolved through alternative dispute resolution methods such as mediation and arbitration:
- Mediation—A neutral third party, known as a mediator, guides the parties to a mutually agreeable solution without going to court. This process is often quicker and less adversarial than filing a lawsuit.
- Arbitration—An arbitrator hears both sides and makes a binding decision. Arbitration is a more streamlined and private alternative to trial.
If litigation becomes inevitable, you need an attorney who knows their way around the courtroom. Although no two cases are the same, you may be entitled to compensation such as lost wages (back pay, front pay), the value of lost benefits (e.g., health insurance, vacation pay), and other damages.
The Takeaway
Although Connecticut is an at-will employment, employees are protected against wrongful termination. Talk to an employment lawyer about protecting your rights and fighting back.
Mitchell & Sheahan, based in Stratford, CT, also serves clients in Fairfield County, New Haven County, Greenwich, Danbury, White Plains, and New York.