Wrongful Dismissal

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Wrongful Dismissal

The termination of an employee in violation of relevant law, the contract of employment or the employer's own dismissal procedures. What constitutes wrongful dismissal varies by jurisdiction. Generally, however, termination because of race, sex or other protected class is illegal. Likewise, dismissal outside the parameters the employer himself has set in place may be considered wrongful. Wrongful dismissal may result in a lawsuit.
References in periodicals archive ?
Shortly thereafter, he filed a wrongful discharge lawsuit against Callaghan & Co., alleging age discrimination because he was 59 years old.
1991) (awarding $5.3 million for wrongful discharge of long-term managerial employee).
(c) The amended bill required that the discharged employee bear the burden of proof of wrongful discharge. The original bill provided that once the employee established a prima facie case of wrongful discharge, the employer would have the burden of persuasion, and if that burden was met, the employee would have the ultimate burden of persuasion that there was a wrongful discharge.
Because the employment manual listed both drug use and the violation of any criminal law as grounds for immediate dismissal, the court determined that the employer was justified in firing these two employees and their wrongful discharge claims were dismissed.
In addition to wrongful discharge, Hall is suing Nutmeg State Financial for defamation.
She provides advice and counsels clients on a myriad of issues including: hiring; background check procedures; discrimination and harassment; wrongful discharge; performance management; internal investigations; terminations; and wage and hour violations.
JC- Biomethane, LLC and PMG Focus Funds Sicav PLC: Plaintiff alleges breach of contract, wrongful discharge and violation of state whistle-blower law.
She defends employers in wage and hour, wrongful discharge, and discrimination matters, and litigates trade secret and noncompetition cases.
In order for an employee to successfully challenge a termination as a wrongful discharge, the discharge must be motivated by bad faith or malice and the discharge must be contrary to public policy.
This is one of the most effective ways to prevent wrongful discharge lawsuits because it provides opportunities to correct misperceptions and to rectify mistakes internally:
Magistrate Judge Thomas Coffin also dismissed claims of an equal protection and free speech violations and wrongful discharge and a demand for punitive damages.
In October, Nurse Rolison sued the hospital for discrimination and retaliation in violation of the MHRA and Title VII of the Civil Rights Act of 1964, as well as for wrongful discharge under the state's Wrongful Discharge Act.