employment law · claim
Wrongful termination refers to the unlawful dismissal of an employee in violation of legal rights or provisions. It occurs when an employee is fired for reasons that contravene public policy, contractual obligations, or other statutory protections.
The plaintiff must establish that an employment relationship existed between themselves and the employer.
What to prove: Evidence of an employment contract or a clear understanding of an employment relationship must be provided.
The employee must demonstrate that they were terminated or suffered a materially adverse employment action.
What to prove: The plaintiff must show that their termination was an action taken by the employer that negatively affected their employment status.
The termination must have been based on an illegal or wrongful reason.
What to prove: The plaintiff needs to show that the termination was connected to a protected characteristic or action, such as retaliation for whistleblowing or discrimination.
The burden is on the plaintiff (the employee) to prove the wrongful termination claim by a preponderance of the evidence.
Focus on identifying the employment relationship and the reasons for termination; be prepared to discuss the defenses an employer might raise.