A wrongfully discharged employee is entitled to compensation for lost wages and benefits. Additionally, the employee may be compensated for their pain and suffering and awarded punitive damages.
As with all legal claims, deadlines are crucial. In D.C., employees have three years to file a claim of wrongful discharge. However, it is important not to sit idly on your claims. You may have other causes of action with much more immediate filing deadlines.
What is covered under Washington, DC wrongful discharge laws?
In 1991, the Washington, D.C. Court of Appeals first recognized the tort of wrongful discharge or termination in the case of Adams v. George W. Cochran & Co., prohibiting employers from punishing employee conduct that is protected by public policy. The elements of wrongful discharge are:
- Employer-Employee Relationship. The plaintiff was an employee of the employer;
- Adverse Employment Action. The plaintiff was fired or experienced another kind of adverse employment action; and
- Protected Conduct. The employee’s protected conduct was a motivating or substantial factor in the employer’s decision to take the adverse employment action.
What compensation can a wrongfully discharged employee recover?
A wrongfully discharged employee is entitled to compensation for lost wages and benefits. Additionally, the employee may be compensated for their pain and suffering and awarded punitive damages.
What actions by the employer constitute an adverse employment action?
Termination, demotion, suspension, and other disciplinary actions committed by the employer are adverse employment actions.
What kind of employee conduct is protected?
Protected employee conduct is conduct protected under a well-established public policy declared in a statute or municipality regulation. Some examples of protected conduct include:
- Whistleblowing. Properly reporting what the employee reasonably believes to be illegal activity;
- Fraud. Refusing to engage in fraudulent business practices;
- Government Investigations. Cooperating with a government investigation or refusing to lie to a government official;
- Discrimination. Opposing what the employee reasonably believes to be illegal discrimination;
- Family Leave. Exercising your right to take unpaid leave; and
- Unpaid Wages. Demanding wages be paid promptly.
What should I do if I believe I have been wrongfully discharged?
Keep a detailed and contemporaneous log of your employer’s actions and statements relating to your wrongful discharge. If you have been wrongfully discharged, it is your right to take legal action. Contact The Employment Law Group® law firm at 888-603-0983 or inquiry@employmentlawgroup.com to discuss your potential claim.