Employees in the Washington DC metropolitan area typically want to keep their jobs. Some professionals are ambitious and aspire to climb the corporate ladder. Others simply want reliable income and job benefits to help support their families and provide for retirement. Workers who fall into either category might feel deeply distressed if they suddenly lose their jobs.
A termination or layoff can have a profound impact on an individual’s finances. Securing an equivalent position with comparable pay can be more challenging when someone does not currently have a job. In some cases, professionals may question whether their employer may have violated their rights by conducting a wrongful termination.
When is the loss of a job in the Washington DC Metro area potentially a violation of a worker’s rights?
At-will employment laws apply
The first thing that professionals in the Washington DC Metro area need to understand is that all three of the relevant jurisdictions have at-will employment laws. Washington DC observes at-will employment rules. Both Virginia and Maryland also observe at-will employment rules. Absent an employment contract or a collective bargaining agreement, either the worker or the company can terminate the working relationship at any time, as long as it not for an illegal reason. Advance notice is not typically necessary. Neither party has the obligation to provide a specific justification for the end of the relationship. Employers can terminate workers for minor performance or disciplinary issues. They can also let workers go for no specific reason. However, they cannot terminate workers for illegal reasons. Terminations potentially become wrongful if they occur due to retaliation or discrimination based on protected characteristics.
What is a retaliatory termination?
A firing, or the decision to include a worker in a layoff, might constitute retaliation if the worker recently engaged in protected workplace activities. Employees have the right to unionize or engage in collective activities. Employees also can report misconduct, advise their employers of safety concerns, seek accommodations for medical issues, and act as whistleblowers, all without risking punishment from their employers. In scenarios where employers terminate workers soon after the worker engages in protected workplace activities, there may be reason to suspect that the termination was wrongful.
When is a termination discriminatory?
There are many ways for employers to discriminate against workers during terminations and layoffs. Perhaps the company wrote a worker up repeatedly for taking time off for religious observances, or for having a religious hairstyle that violated company policy. Maybe someone in management or human resources referenced a protected characteristic during the termination conversation. Perhaps there were mass layoffs, and a specific group has disproportionate representation among those let go from their positions. When employers considered protected characteristics or protected conduct when deciding who to fire, that could make a termination wrongful.
Workers hoping to fight back against retaliation or discrimination may need help. Pursuing a wrongful termination lawsuit can sometimes lead to reinstatement to a position, or compensation for the harm caused by illegal employment practices.