Wrongful discharge occurs when an employee is terminated for a reason other than JUST CAUSE. The concept of wrongful discharge is one of the results of the development of the concept of EMPLOYMENT-AT-WILL. Most employee/employer relationships are �at will,� meaning that either party can terminate the relationship at any time and for any reason. Over the years, however, certain protections have been put in place for employees. An employer can be sued for wrongful discharge if he or she is seen to have violated any of these protections. There are several federal laws that try to prevent wrongful discharge. The WAGNER ACT protects the activities of UNION members. The FAIR LABOR STANDARDS ACT (FLSA) demands that covered employees are paid a MINIMUM WAGE and overtime wages for any hours over 40 worked in any one week. An employer who fires a worker who tries to exercise his or her FLSA rights can be sued for wrongful discharge. Title VII of the CIVIL RIGHTS ACT of 1964 protects workers who may otherwise be discriminated against on the basis of race, color, religion, gender, or national origin. The Age Discrimination Employment Act protects against age discrimination, and the AMERICANS WITH DISABILITIES ACT protect employees with physical or mental disabilities. The EMPLOYEE RETIREMENT INCOME SECURITY ACT of 1974 prohibits the firing of employees in order to deny them retirement benefits. The Occupational Safety and Health Act protects workers who try to assert their rights to a safe workplace. The FAMILY AND MEDICAL LEAVE ACT (FMLA) gives employees up to 12 weeks to care for themselves or family members with serious medical conditions and also provides time off following the birth or adoption of a child. An employer cannot discharge an employee who wishes to take advantage of the FMLA. Finally, the CONSUMER CREDIT PROTECTION ACT prohibits the discharge of employees on the basis of garnishment of wages. States can also enact their own employee-protection laws, and most have done so. Beyond federal and state laws, there are other exceptions to employment-at-will rules. Both written CONTRACTs and oral agreements have been used to challenge an employee�s discharge, as have expectations that can be reasonably made from personnel manuals and policy handbooks. Many companies now try to delineate just causes for termination in contracts or employee handbooks. A wrongful discharge suit may be brought against an employer who fires an employee for reasons that would be considered against public policy. Examples of this type of wrongful discharge would include an employee fired for refusing to violate a law during the performance of his or her duties, or the discharge of an employee who reports violations by the employer to law enforcement agencies or other authorities (�whistle-blowing�). An at-will employee cannot guarantee that he or she will not be a victim of wrongful discharge, and an employer cannot be sure that what he or she considers a just termination will not be challenged. However, both parties can try to protect themselves by documenting expectations of performance before EMPLOYMENTemployment-at-will has begun.
See also DOT-COMS; OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION; WHISTLE-BLOWER.