Wrongful termination.

Many people inquire about their rights to file a wrongful termination lawsuit because they believe, incorrectly, that it is illegal to fire someone for an unfair reason.  That is simply not true.  While treating employees unfairly might be a bad business practice for several reasons, it is not always illegal.  Therefore, if your employer has fired you, and you believe that your employer’s conduct was illegal, have an open mind.  Unless you can point to a specific law that was violated, then you might be facing a perfectly legal discretionary albeit unfair decision by your employer.    

What is wrongful termination?  

The term wrongful termination is not a precise legal term.  It means any termination that violates the law.  In Connecticut, the main laws that protect employees in the workplace are the Connecticut Fair Employment Practices Act, and the federal Civil Rights Act of 1964.  There are other laws that protect employees too, but certainly these two are the main ones.  Don’t focus on whether your employer’s conduct was wrongful.  Instead, focus on which law, if any, was actually violated.  Unless you can find a law that was violated, then the employer’s conduct was probably not wrongful.   

What should you consider when you believe a wrongfully termination has occurred? 

You should make a judgment about what law you believe was violated, and also, if retaliation occurred, then for what reason your employer retaliated against you.  After you make these assessments, using your own common sense, then you should consult with an experienced employment lawyer.  

What is the employee at will rule?

Under the employee at will rule, absent an employment contract, you can be fired for any reason or no reason, and you can quit for any reason or not reason.  It is based on the principle of freedom of contract.  The employment at will rule is the rule that makes most employer conduct legal even when it is grossly unfair.  Under this rule, your employer can make the discretionary decision to let you go.  

What should you look for when you evaluate your wrongful termination case?

When you believe you have been terminated wrongfully, you should ask yourself two questions:  First, what laws to your believe your employer violated, and second, if retaliation is involved, for what reason has your employer retaliated against you.  While the employer can make discretionary decisions, if they are based on illegal reasons, like discrimination, then the employer’s actions are illegal.

Should you expect help from your union?

You should not expect help from your union.  Keep in mind that your union is there to serve itself.  The lawyers who work for the union, work to protect the unions right to collectively negotiate, not your individual rights.  They only enforce the rules in the union contract, not the laws that protect you from wrongful termination.  Don’t be fooled into thinking that the union lawyers will protect your rights.  While you might have the right to file a grievance under your union contact, the grievance will only offer limited protection.

Where to find help?

Contact the Connecticut employment lawyers at The Bartinik Law Firm LLC.  If you have been fired, then we can help you evaluate your case, and prosecute it when appropriate.  Our law office is in Groton, Connecticut at 100 Fort Hill Road, Groton, Connecticut.  We handle cases throughout Connecticut in state Court and federal Court.  Call us at 860-445-8521 of a consultation.