Termination of employment is a process that should ideally be conducted with transparency, fairness and respect for the rights of an affected employee. However, in some cases, employers may resort to using sham reasons to disguise wrongful termination. By presenting false justifications, employers may attempt to justify their unlawful actions and avoid legal repercussions.
While you can potentially be fired from your job without advance notice or cause unless certain exceptions to your situation apply, there are illegal grounds for termination, such as discrimination based on race, gender, age, religion, disability or retaliation for whistleblowing or exercising legally protected rights. You cannot be fired for any of these reasons and any additional reasons codified in federal and/or state law.
What sham reasons do some employers give to justify wrongful termination?
When employers want to disguise wrongful termination, they may resort to providing sham reasons such as:
- Restructuring or downsizing: Employers may cite restructuring or downsizing as reasons for termination when they’re actually masking discrimination, bias or retaliation. This allows them to avoid addressing the true motivations behind the decision.
- Violation of company policies: A wrongful termination may involve citing alleged violations of company policies as a reason for the termination. However, these violations may be exaggerated, fabricated, or used selectively to justify the decision. This tactic allows employers to shift blame onto the employee and avoid acknowledging any underlying discriminatory or retaliatory motives.
- Personality conflicts or “not a good fit”: Sometimes employers will assert that the termination is due to personality conflicts or the employee not being a good fit for the company culture. While interpersonal issues can arise in any workplace, using this as a pretext for termination may be a way to sidestep addressing any discriminatory or retaliatory actions by the employer.
- Poor performance: When employers want to hide the true reason for wrongful termination, they may claim poor performance as the cause. This tactic allows them to shift the blame onto the employee and avoid addressing any underlying discriminatory or retaliatory motives. However, the alleged poor performance may be exaggerated, fabricated or based on unfair evaluations, serving as a pretext to justify the termination.
Unlawful termination can result in significant consequences for a terminated employee, not only in terms of immediate financial impact but also in terms of long-term career prospects and emotional well-being. By seeking legal counsel, individuals can pursue justice, potentially hold employers accountable for their actions and seek remedies for any damages suffered as a result of wrongful termination.
