Dictionary of Law
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wrongful termination :: legal definition


Wrongful termination - n. a right of an employee to sue his/her employer for damages (loss of wage and "fringe" benefits, and, if against "public policy," for punitive damages). To bring such a suit the discharge of the employee must have been without "cause," and the employee a) had an express contract of continued employment or there was an "implied" contract based on the circumstances of his/her hiring or legitimate reasons to believe the employment would be permanent, b) there is a violation of statutory prohibitions against discrimination due to race, gender, sexual preference or age, or c) the discharge was contrary to "public policy" such as in retribution for exposing dishonest acts of the employer. An employee who believes he/she has been wrongfully terminated may bring an action (file a suit) for damages for discharge, as well as for breach of contract, but the court decisions have become increasingly strict in limiting an employee's grounds for suit.


Related Law Terms

agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract
apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
condition subsequent :: n. 1) in a contract, a happening which terminates ... Dad Fauntleroy. See also: condition
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander
employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment
employment :: n. the hiring of a person for compensation. It is ... ployment Workers' Compensation Acts
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence
libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander
limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
ratify :: v. to confirm and adopt the act of another even th ... ligation. See also: agent principal
servant :: n. an employee of an employer, technically one who ... ndent contractor master and servant
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.

Popular Law Searches

legal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.
chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity
testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will
contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer
forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay.
what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger."
mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor.
clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate.

Other Law Terms - W

waive :: v. to voluntarily give up something, including not ... the other state). See also: waiver
waiver :: n. the intentional and voluntary giving up of some ... ssed on the record. See also: waive
wanton :: adj. 1) grossly negligent to the extent of being r ... sexually immoral and unrestrained.
ward :: n. 1) a person (usually a minor) who has a guardia ... ouncil district. See also: guardian
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
warranty :: n. a written statement of good quality of merchand ... of the contract. See also: warrant
warranty deed :: n. a deed to real property which guarantees that t ... : grant deed quitclaim deed warrant
waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents.
watered stock :: n. shares of stock of a corporation which have bee ... . See also: corporation share stock
weight of evidence :: n. the strength, value and believability of eviden ... dence preponderance of the evidence
wet reckless :: n. a plea to a charge of reckless driving which wa ... conviction. See also: plea bargain
whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving.
white collar crime :: n. a generic term for crimes involving commercial ... committed by "blue collar" workers.
widow :: n. a woman whose husband died while she was marrie ... nefits traceable to the ex-husband.
widower :: n. a man whose wife died while he was married to h ... d to her and who has not remarried.
widow's election :: n. the choice a widow makes between accepting what ... nt and distribution succession will
will :: n. a written document which leaves the estate of t ... will and testament probate testator
will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will
willful :: adj. referring to acts which are intentional, cons ... r was willful." See also: willfully
willfully :: adv. referring to doing something intentionally, p ... on the property." See also: willful