Wrongful Termination vs. Unfair Treatment: What's the Legal Difference?

Many employees deal with unfair treatment in the workplace. But unfair treatment is not necessarily illegal. Under at-will employment, employers can fire workers for any reason they want as long as it’s not an illegal act. Wrongful termination involves firing workers for an unlawful reason, including discrimination, breach of contract, or retaliation.

“I hate to say this, but the truth is that there are a lot of wrong things that happen in the workplace, especially a lot of bad treatment and bad actors,” says Samantha Pryor, an employment litigation attorney at The Halliburton Law Firm in Denver, Colorado. “The question is whether or not those wrongs rise to the level of a viable cause of action against the employer. And that really boils down to what the law says is unlawful. Unfortunately, the law is not always on our side.”

To find out if you have legal recourse after losing your job, talk to a wrongful termination attorney.

Understanding the Legal Standard for Wrongful Termination

Wrongful termination involves getting fired or laid off for an illegal reason. Due to at-will employment, employers have broad discretion to fire employees for just about any reason. However, they cannot fire workers for reasons that violate state or federal laws.

Types of wrongful termination claims include workplace discrimination, breach of contract, and retaliation against employees for any of the following:

• Reporting safety violations
• Filing a workers’ compensation claim
• Reporting union and labor law violations
• Whistleblowing on illegal activities
• Taking protected leave under the Family and Medical Leave Act (FMLA)

Constructive discharge is another type of wrongful termination claim. With constructive discharge, the employee quits because their work conditions are so bad that they have no reasonable alternative. An employer may be liable for wrongful dismissal when they create an intolerable and hostile work environment.

When an employer is motivated by these types of reasons to fire an employee, the employee can file a wrongful termination lawsuit against their former employer.

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When Does Unfair Treatment Become Illegal?

Wrongful termination laws do not protect employees against unfair treatment by their employer. Employers can act unfairly, rudely, or erratically in how they hire and fire employees. It is only illegal when the employer’s unfair treatment violates specific employment, civil rights, or anti-discrimination laws.

“A successful wrongful termination claim depends not only on what the law says, but what the courts say in interpreting and applying that law,” notes Pryor. “That’s why it is important for people to get in touch with a lawyer — a lawyer who is up to date on the state of the law.”

You could have a boss who yells at you, treats you differently from other employees, and pays you less than your co-workers. However, if that bad behavior is not related to a protected characteristic, unlawful retaliation, or other protected activities, it is not necessarily illegal.

Examples of unfair but lawful treatment may include:

• Yelling and bullying
• Arbitrary treatment
• Calling your children or spouse ugly
• Favoritism based on personal preferences
• Demotions or loss of benefits without a good reason
• Making fun of your clothing, car, food choices, or golf score
• Promoting a supervisor’s friend over more qualified workers

However, unfair treatment can sometimes amount to unlawful actions. For example, favoritism towards younger workers or workers of a particular gender may violate civil rights laws.

The question is whether or not [unfair treatment rises] to the level of a viable cause of action against the employer. And that really boils down to what the law says is unlawful. Unfortunately, the law is not always on our side.

How To Know if You Have a Valid Legal Claim

“Anytime somebody feels like there’s something wrong going on in the workplace, and especially if they feel like they’re not getting help from their HR department, they need to be reaching out to a lawyer,” says Pryor. “A lawyer can figure out whether what’s going on in the workplace is unlawful or not. If it is, they can advise on how to protect your rights as an employee.”

An employment attorney can also help you file a lawsuit in state or federal court to recover compensation. In many states, you have to file your complaint with the U.S. Equal Employment Opportunity Commission (EEOC) before you can file a lawsuit. Other state laws allow you to file your legal claim without waiting for the EEOC. An employment lawyer can help you understand the legal process in your state.

A wrongful termination lawyer can also give you legal advice on how much you can recover in a lawsuit. Compensation in a wrongful termination case may include back pay, lost wages, loss of benefits, and emotional distress. Other legal remedies include reinstatement to your prior position. Your lawyer can also negotiate a settlement agreement so you can avoid the time, cost, and stress of going to court.

What To Do if You’ve Been Treated Unfairly

If you think your employer is engaging in unlawful treatment, you can begin gathering evidence to support your claim. Evidence for your wrongful termination claim can include:

• Email, text, and written communications
• Employment contract and employment handbooks
• Performance reviews and your work record
• Termination notice or notice of change in employment conditions
• Record of meetings and communications with your supervisor and other employees
• Contact information for co-workers who can support your claims

The best of course of action is to get personalized legal advice from a wrongful termination lawyer. But what about the costs of getting legal help?

“So, not every lawyer is going to charge. I charge people for employment law consultations, but I don’t charge everyone,” says Pryor. “It just depends on what I have got going on in my firm, as well as the complexity of the case, and whether there are a lot of documents I need to take a look at. But it’s important for people to be aware that many employment lawyers do charge for a consultation. Even if the lawyer does charge, it might very well be worth it for their peace of mind and to know whether or not they have a claim.”

Speak With a Lawyer To Protect Your Legal Rights

Talk to a local employment lawyer about what happened and find out about your legal options. Your attorney can explain if you have a wrongful termination claim or if it was just an unfair dismissal.

Your lawyer can help you take legal action against your employer to hold them accountable for their actions. Contact an experienced wrongful termination lawyer for legal advice.