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Simple English definitions for legal terms

wrongful termination in violation of public policy

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A quick definition of wrongful termination in violation of public policy:

Wrongful termination in violation of public policy: When someone is fired from their job for doing something that is legal or reporting something that is illegal, they may be able to take legal action against their former employer. This is called wrongful termination in violation of public policy. To make this claim, the person must show that there was a clear public policy that was violated, that their firing would harm that policy, that they were fired because of something related to that policy, and that their employer did not have a good reason for firing them. This type of legal action can result in compensation for damages, but not all states allow for punitive damages.

A more thorough explanation:

Wrongful termination in violation of public policy is when an employee is fired for reasons that go against public policy. This means that the reason for the termination is against the law or goes against what is considered right and fair in society. Even though most employment relationships are "at will," meaning that either the employer or employee can end the relationship at any time, this type of termination is an exception to that rule.

To prove wrongful termination in violation of public policy, the employee must show that:

  1. There was a clear public policy that was violated
  2. The circumstances of the termination would harm the public policy
  3. The termination was motivated by something related to the public policy
  4. The employer did not have a good reason for the termination

Employees can make a claim for wrongful termination if they were fired for:

  • Exercising a legal right
  • Refusing to do something illegal
  • Reporting illegal conduct

For example, if an employee reports that their employer is hiring undocumented workers, and then gets fired because of it, that would be wrongful termination in violation of public policy. This is because the Immigration Reform and Control Act (IRCA) makes it illegal to hire undocumented workers. If an employee reports this violation, and then gets fired, it goes against the public policy of protecting documented workers from employment discrimination and protecting all documented workers from competition by undocumented workers who might accept lower wages.

Because wrongful termination in violation of public policy is a type of tort law, employees can recover compensatory and punitive damages. However, some states only recognize this type of claim under contract law, which means that punitive damages are not available.

wrongful termination | Wyoming

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