Wrongful Discharge

Wrongful Discharge from Your Employment

Have you been the victim of wrongful discharge from your place of employment?

Understanding your rights when you have been wrongfully terminated is important
Understanding your rights when you have been wrongfully terminated is important

What is wrongful termination?

Wrongful termination occurs when an employee has been discharged for any of the following reasons:

  • Discrimination:  the employee is a certain race, nationality, religion, sex, age, or in some jurisdictions, sexual orientation
  • Retaliation: the employee filed a claim of discrimination or is participating in an investigation for discrimination. In the United States, this “retaliation” is forbidden under civil rights law
  • Employee’s refusal to commit an illegal act: the employee refuses to commit an act that is illegal
  • Employer is not following own termination procedures: Often, the employee handbook or company policy outlines a procedure that must be followed before an employee is terminated. If the employer fires an employee without following this procedure, the employee may have a claim for wrongful termination
Constructive Discharge

There is also the situation where an employee feels forced to resign  because their employer’s behavior has become so intolerable or heinous or made life so difficult that the employee has no choice but to resign. Since the resignation was not truly voluntary, it is in effect, a termination by constructive discharge.

Ensure Your Rights Are Protected

Idaho law provides for damages in the event you are terminated from your job for constitutionally-impermissible reasons or in violation of your employment contract.

The law also places limits on the enforcement of any unreasonable “covenant not to compete.” Since many employers now insist on a “non-compete” clause in their offer of employment it is important to know your rights in this area.

Regardless of whether you have signed an employee agreement or contract, you still have rights under the law.

Call us at (208) 345-1000 to find out what we can do to help protect your rights.