Wrongful terminations occur when businesses fire professionals for unlawful or inappropriate reasons. Workers targeted for termination on an individual basis may recognize when a firing is likely retaliatory or discriminatory. If their employer has previously mentioned their protected characteristics or they recently engaged in protected workplace activities, a sudden firing may seem suspect.
Layoffs can be a more challenging situation to address. Companies restructuring to remain solvent or reducing their workforce to maximize profits may let multiple workers go at the same time. Can those who lose their jobs in a layoff scenario ever claim that their termination was wrongful?
Layoffs can hide employer misconduct
A targeted termination can raise red flags for workers who recently reported safety violations or requested unpaid leave. Workers may feel less certain about their rights if they get laid off shortly after engaging in protected workplace activities. The timing of layoffs could lead to workers asserting that the company included them in the pool of terminated employees because of their protected activities.
Professionals could also claim that the layoff was discriminatory. Particularly in scenarios where there is a clear pattern related to the protected characteristics of the workers included in the layoff or the workers who retain their positions, professionals might be able to credibly assert that the company made decisions during the layoff process based on those protected characteristics.
If a company discriminates against certain workers or retaliates against those who assert their rights, professionals may be able to take legal action. Filing a wrongful termination lawsuit is sometimes an option for professionals included in mass staffing reductions or layoffs.