Wrongful termination in violation of public policy (WTVPP) occurs when an employee is fired for a reason that is clearly unlawful or unethical under state and/or federal laws. Such terminations are considered a breach of the terms and conditions of an employment, and can result in possible financial compensation for the employee.
In practical terms, WTVPP can involve the termination of an employee for exercising a legal and/or constitutional right — such as the right of workers to join a union, or the right to be free from discrimination or harassment in the workplace.
Employees who can make a WTVPP claim must typically meet certain criteria. Generally, the employee must show that the termination was done in bad faith, with malice, or out of a desire to punish them for something that was statutorily protected. Additionally, when the employee was dismissed as a result of an act that was considered unethical by the employer, such as refusing to partake in criminal activities, this too can be a form of WTVPP.
In the modern workplace, WTVPP covers a variety of employee action that has become increasingly important to the contemporary professional. This includes whistleblowing, filing a claim for workers’ compensation, taking time off from work to vote and more. For these reasons, employers must exercise great care when taking disciplinary action and terminating a worker’s employment.
Any employee that feels they have been wrongly let go in violation of public policy should contact a lawyer immediately, in order to understand their rights and explore any claim they may have. Decisions that violate public policy can come with steep financial penalties and legal action, and no business should ever ignore these issues.