A person who has lost his or her job may feel that their rights have been violated and therefore, the person is eligible for legal remedies. However, not all dismissal cases are considered wrongful. There are certain factors that are taken into consideration in determining a wrongful termination case. In some instances, a written employment contract may clearly state that a worker can only be dismissed by violating certain grounds like a company's polices. On the other hand if the worker is terminated as retaliation for being a whistleblower they may have a legal claim.
The last scenario is the case of a former district Assistant Superintendent in Michigan. In 2011, the former employee was terminated by the district. The woman claimed that the district dismissed her for being a whistleblower. She added that the Whistleblower's Protection Act was clearly violated and for that, wrongful termination or wrongful discharge is a suitable legal option to compensate for her losses.
The district asserted that it has the right to terminate the former employee who allegedly used taxpayers' money to fund an affair with a former co-worker. This accusation was not yet proven and no criminal charges were filed following the allegation. The judge in the case will soon hear the oral arguments from both parties as the district strives to have the case dismissed.
In this situation, the outcome of the case depends on how the former employee's attorney will present all the evidence that led to the wrongful termination. The judge's discretion will also depend on this information in determining if monetary damages should be awarded to the plaintiff.
A wrongful discharge case is highly technical. Copies of performance reviews, emails, handbooks and human resources policies and other information are gathered in order to prove the liability of the employers. The assistance of a lawyer can help the employee to navigate through the legal system, ensuring that all options are discussed.
Source: Mlive.com, "Genesee County judge to hear arguments on future of lawsuit involving ex-GISD administrator," Gary Ridley, Aug. 2, 2013