Have I been Wrongfully Terminated?

Most parts of the US have what is called an 'at will' employment arrangement. This means that an employee can be fired for any reason, or without a reason. However, there are grounds in the US for 'unlawful' termination. This is where a person is terminated because of their race, religion, sex, national origin, age or disability. Unlawful termination also applies where an employee is terminated for refusing to break a law in the course of employment or whistleblowing against the employer. Where a worker is fired for filing a workers' compensation claim, this will also be unlawful. Another situation which an employee may find themselves in is one of 'constructive discharge'. If an employee feels that an employer has created intolerable working conditions and refuses to address the issues, resulting in the employee feeling forced to resign, the employee may be able to sue for constructive discharge and apply for unemployment benefits.

A very common question that comes up is if an employer has denied my unemployment benefits. Can they do that? The answer is that your employer doesn't have the power to deny your unemployment benefits, only to protest them. The state unemployment office makes the final decision. If you feel that you have been wrongfully terminated, you should seek legal advice as soon as possible.