Can a wrongful termination be justified?

As satisfying as it may be to lay off a particularly troublesome employee, there are a number of laws in place that can prevent someone from being fired without a legally valid reason. In cases where an ex-employee believes their rights have not been properly respected, they might level a wrongful termination suit against their former employer. While the best way to deal with this situation is to contact West Virginia wrongful termination lawyers to handle your specific case, there are still a few things worth understanding beforehand about wrongful termination suits.

Two Types of Employment

Determining whether a termination was wrongful or justified can change substantially based on whether the former employee was employed “at will” or via a contract. At will employment essentially means that either the employee or the employer may end the working relationship at any time, with or without any specific reason. Although many states recognize the nature of at will employment, there are still a few restrictions in place. This primarily means that an employer cannot fire an at will employee for any reason that would violate one of the laws concerning employment and discrimination, or for something like retaliation.

By contrast, those who are employed under a contract are only able to fired for the reasons as laid out by their specific contract. Otherwise, the only way to fire a contracted worker is to prove that they violated the terms of the contract.

Justified Reasons for Termination

While there are many ways to justify a termination, such as when an employee mishandles company data or has been caught stealing, some of the more common include dishonesty on the employee’s part, general negligence, and unfaithfulness. Under these circumstances, it is perfectly justified for an employer to terminate an employee.

Additional State Protections

Of course, each state also has their own rules and regulations concerning employment and termination. As a result, the best way to proceed with a termination suit is to first contact attorneys in your state. For those in West Virginia, West Virginia wrongful termination lawyers can help guide you through each step of the process and ensure that you’re properly prepared.

To arrange a meeting to discuss your rights and options, contact our office online or call us at 800-766-9441.