Wrongful termination is a broad and general term that attorneys use to describe the fact that the termination of employee was legally wrong in some way.While Connecticut is an “at will” state and employers generally can terminate employees without providing a reason, there are several exceptions to this general rule.Most of the exceptions ask the question, “why did the employer do this?”The employer’s motivation is the central question to ask.Among the reasons that a termination could be wrongful or illegal are that the employee was terminated because of his or her:
- Race
- National Origin
- Gender
- Sexual orientation
- Opposition to illegal conduct
- Religion
- First Amendment speech
- Disability
- Exercise of Workers' Compensation rights
- Defamation
- Positive Drug test (taken without reasonable cause)
- Use of FMLA time
- Other illegal reason
Do I have a legal claim if I am fired?
There are many state and federal laws designed to protect employees from being terminated.Most of them have deadlines by which claims need to be filed.Some deadlines are as short as ninety (90) days.Most of these laws permit lawsuits for money damages.Some allow reimbursement of attorneys’ fees.You should not delay to enforce your rights.
Recent Cases:
The Second Circuit recently held that an employee who was placed on a Performance Improvement Plan (PIP) that she ultimately did not meet could not make out a case for constructive discharge. Miller v. Batesville Casket Company, Inc., 2009 WL 481902 (2d Cir.)
The Connecticut Supreme Court recently ruled that the statute of limitations period for a wrongful termination action begins not when an employer notifies the employee of his or her impending discharge (the rule set forth by the U.S. Supreme Court) but on the actual date of the employee’s termination. Vollemans v. Wallingford (S.C. 17974) (officially released October 21, 2008).
A Connecticut Superior Court judge recently held that a worker who was discharged after reporting coworkers’ threats of physical violence to the police sufficiently alleged that he was terminated in violation of the public policy encouraging the reporting of crimes. Gilbert v. Parker X-Ray Solution Service Inc., August 26, 2008.
A Connecticut Superior Court judge recently ruled that an employee may sue if she is suspended for refusing to allow the employer to inspect her personal cell phone records. The employer wanted to see if the employee was communicating with former partners who had been expelled from the company. The Court refused to dismiss the lawsuit recognizing that such action violates Connecticut’s public policy against invasion of privacy.
Hellanbrand v. National Waste Associates, LLC, Jan. 31, 2008.
A Connecticut Superior Court judge recently held that a school employee who had been asked to prepare a budget for the school that included his salary but who was not rehired could sue his employer for breach of an implied promise of rehire. Favolise v. Highville Charter School, Inc., CV08-5023688S (Conn. Super. August 31, 2009) (Corradino, J.).
A Connecticut attorney, J. Craig Smith of Koskoff, Koskoff, and Bieder, recently won a case at the United States Supreme Court on behalf of an employee who had been terminated for refusing to retract statements he made about his employer hiring undocumented workers. The trial court that originally heard the employee’s wrongful termination case ruled that the employer would have to disclose conversations that the terminated employee had with its lawyers, and the U.S. Supreme Court held that the employer would have to wait until the case was over to appeal this ruling. Mohawk Industries, Inc., v. Carpenter, No. 08-678 (December 8, 2009).
CONTACT US to set up a consultation to see if you have been the victim of wrongful discharge.
The Hayber Law Firm, LLC, Employee Rights Advocates, 221 Main Street, Suite 502 Hartford, CT 06106
