What constitutes wrongful termination in CT?

When an employee is terminated from their job, it can be a devastating and confusing experience. While the concept of at-will employment means that an employer can fire employees for almost any reason—or no reason at all—there are important exceptions to this rule. A wrongful termination occurs when an employee is fired for an illegal reason, and in such cases, the employee may have a valid wrongful termination claim. Understanding your legal rights and the laws that protect you is the first step in determining if you have a case.

What is Wrongful Termination?

Wrongful termination is a commonly used phrase that refers to a variety of circumstances where the employee claims a violation of state and federal anti-discrimination laws, violation of state and federal whistle blower protection laws and a breach of an employment contract. This includes being fired for discriminatory practices, such as discrimination based on a person’s race, color, national origin, religion, gender, age, or disability. Additionally, it can involve retaliation claims where an employee is fired for engaging in a protected activity.

An employment contract can significantly alter the at-will employment relationship. If your employment contract specifies that you can only be terminated for “cause,” your employer cannot fire you without a legitimate, work-related reason. When a boss makes a decision to terminate an employee in violation of a contract, it is a breach of that contract, which can be the basis for a wrongful discharge lawsuit.

Grounds for a Wrongful Termination Claim

There are several common unlawful reasons for termination that fall under the umbrella of wrongful termination cases. The law provides protections for workers who are fired for reasons that violate public policy, federal and state laws.

Discrimination

Federal laws, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), prohibit employers from making termination decisions based on certain protected characteristics. This includes discrimination based on a person’s race, national origin, gender (including sexual harassment), sexual orientation, religion, or age. In Connecticut, the Connecticut Fair Employment Practices Act (CFEPA) provides similar protections. A Connecticut wrongful termination lawyer is well-versed in both federal and state laws and can help you determine if you were treated differently due to a protected characteristic.

For example, if an African American employee receives positive performance reviews but is fired shortly after their boss makes a derogatory comment about their race, this could be evidence of a discriminatory termination. Similarly, a female employee who is fired after rejecting a superior’s advances may have a sexual harassment claim in addition to a wrongful termination claim.

Retaliation

Employees have a right to engage in certain protected activities without fear of retaliation. This includes filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the Connecticut Commission on Human Rights and Opportunities (CHRO), reporting illegal activities in the workplace, or filing a workers compensation claim. For example, if an employee is injured on the job and files a workers compensation claim, they cannot be fired for that action. Similarly, if an employee refused to participate in illegal activities their employer instructed them to do, they are protected from being fired for that refusal.

The At-Will Employment Doctrine and its Exceptions

Many people in the U.S. are subject to “at will employment,” which means that an employer can fire an employee for almost any reason. However, the law provides crucial exceptions. One major exception is for terminations that violate public policy. For example, in Connecticut, the public policy connecticut law protects employees who are terminated for serving on a jury, exercising their right to medical leave under the Family and Medical Leave Act (FMLA), or for engaging in military service. The courts in New Haven and across the state have upheld these protections. A knowledgeable and experienced attorney can help you navigate these complex issues.

How to Build a Strong Wrongful Termination Claim

If you believe you were a victim of an unlawful termination, there are key steps you can take to build a solid case.

Step 1: Document Everything

First, identify what you believe is the reason why you were wrongfully terminated. This could be sex discrimination (#metoo), race discrimination, age discrimination, religious discrimination, and retaliation for engaging in a protected activity to complain about discrimination to your employer or to state and federal agencies. Gather all your documents, emails, text messages, and your memory of verbal discussions you had with coworkers and managers. Performance reviews, employee handbook policies, and any communications about your job performance are all critical pieces of evidence.

Step 2: Write Your Narrative

Second, you need to write your detailed factual chronological narrative in your own words. Do not worry about sounding like a lawyer. Do not underestimate the persuasive power of your own story. Your narrative will become the single source document forming the foundation of your claims in your case. This document should lay out the circumstances of your employment, any incidents of discriminatory or retaliatory behavior, and the specific events leading up to your termination.

Step 3: Seek Legal Counsel

Third, you will need to hire an employment law attorney to review your factual narrative in order to determine if you have a claim. An experienced attorney, such as a Connecticut wrongful termination lawyer, will investigate your claim and develop a strategy to present the case to the employer in an attempt to reach a resolution. Our firm, Carey & Associates, P.C., will also develop the case for litigation in the event early settlement discussions fail. Pursuing legal action can seem daunting, but with the right legal team, you can fight for the compensation and justice you deserve. The right wrongful termination lawyers will guide you through the process, from the initial filing to a potential settlement or courtroom battle in federal court.

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