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Mindy Farber: Wrongful
Termination Frequently Asked
Questions, Part 1

An experienced attorney, Mindy Farber runs
Farber Legal, LLC, one of the most prolific
employment law firms in the Washi...

How is “wrongful termination” defined?
It isn’t, as “wrongful termination” is not a technical
legal term. However, there...

For what reasons can I be fired?
In most states, you can be fired for virtually any reason
that does not violate your ri...

What is an “employee at will”?
In most states, employment in most occupations
is considered to be “at will.” This means ...

Can I be fired following recovery from a workers’
compensation claim?
Generally, yes. The employer is not required to
ke...

What is constructive discharge?
Constructive discharge constitutes a special case,
in which the employer renders working...
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Mindy Farber: Wrongful Termination Frequently Asked Questions, Part 1

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Mindy Farber: Wrongful Termination Frequently Asked Questions, Part 1

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Mindy Farber: Wrongful Termination Frequently Asked Questions, Part 1

  1. 1. Mindy Farber: Wrongful Termination Frequently Asked Questions, Part 1
  2. 2.  An experienced attorney, Mindy Farber runs Farber Legal, LLC, one of the most prolific employment law firms in the Washington, D.C. area. Mindy Farber has handled hundreds of wrongful termination cases over the past two decades with one of the highest success rates in the field.
  3. 3.  How is “wrongful termination” defined? It isn’t, as “wrongful termination” is not a technical legal term. However, there are a handful of reasons that are considered unlawful grounds for termination. These vary from state to state, but generally revolve around a firing decision that impedes the worker’s rights. The best way to determine if your rights have been violated is to contact an attorney.
  4. 4.  For what reasons can I be fired? In most states, you can be fired for virtually any reason that does not violate your rights. For instance, you can be fired because your boss doesn’t enjoy working with you, or you don’t fit into the culture of the company, or you are not willing to accommodate the company’s work schedule. You cannot be fired for any discriminatory reason, including age, race, sex, pregnancy, disability, and so forth. In addition, a number of statutory exceptions protect you from being fired. These include your refusal to engage in illegal activity, acting as a whistleblower for wrongdoing, or taking a medical or family leave.
  5. 5.  What is an “employee at will”? In most states, employment in most occupations is considered to be “at will.” This means that you engage in employment of your own volition. As such, the employer can terminate you at any time without reason and without warning. In certain states, there are exceptions to this rule; for example, if your union agreement provides limits to why and how you may be dismissed, or you have a contract with the employer guaranteeing you certain protections. These conditions vary from state to state, so you will need to contact an attorney to find out if your case qualifies.
  6. 6.  Can I be fired following recovery from a workers’ compensation claim? Generally, yes. The employer is not required to keep your position open for you simply because you have recovered from an accident and are again capable of performing the same duties. He or she may have found someone to replace you in the meantime, especially if your position was critical to the operations of the company.
  7. 7.  What is constructive discharge? Constructive discharge constitutes a special case, in which the employer renders working conditions so intolerable that you have no option but to resign. In this scenario, you may be entitled to sue for wrongful termination.

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