Like beauty, a wrongful termination is in the eye of the beholder.
As employment lawyers, we are focused on illegal terminations. Illegal termination are always wrongful. But many wrongful terminations aren’t illegal.
Confused? Let us sort it out.
When might a termination feel wrongful, but still be legal?
A termination usually feels wrongful when it’s unfair—like when you spent years loyally working for a company only to be laid off with no severance pay; or when you boss just didn’t like you for some reason; or when you got blamed for a problem that may not have been your fault; or when your supervisor felt threatened by your strong performance; and the list goes on and on.
Here’s another way, albeit over-simplistic, to think about it: Generally, all terminations are legal unless a law makes them illegal.
When does a wrongful termination become illegal?
A termination becomes illegal when it violates a law— and that law could have been passed by lawmakers, or that law could exist as part of judge-created law, known as common law.
Examples of illegal termination usually involve discrimination or retaliation.
What is illegal discrimination?
Lawmakers have listed certain traits, called protected statuses or classes, that are protected from discrimination. Race is an example. Hair color is not an example.
In Minnesota, protected classes include:
Race
Age
Religion
National origin
Gender
Gender identity
Sexual orientation
Marital status
Disability
And more
What is illegal retaliation?
Illegal retaliation is when your employer fires (or takes some other adverse action) against you because you reported, discussed, or raised concerns about something you think is happening that would be illegal.
Surprisingly, retaliation may be legal if it’s for you reporting something that doesn’t involve illegality. For example, whether retaliation is illegal for reporting something solely unethical—but not necessarily illegal—can be a bit gray (and worth talking to a lawyer).
So, an employer likely engaged in illegal retaliation if it fired you after you reported concerns it was committing a crime; or if you reported possible discrimination; or if you reported sex/race harassment; or you refused to carry out an order because it’s illegal.
Are there other kinds of illegal and wrongful terminations?
Yes. It can be illegal for an employer to fire you for failing a drug test. Or, if you work for the government, it can sometimes be illegal for the employer to fire you based on something you said.
If you have questions about whether your wrongful termination was illegal, use this link to book a free consultation with a lawyer at Haller Kwan LLP.
