Wrongful Termination and Causes of Action

This article discusses wrongful termination and causes of action, focusing on the case of Ray who was wrongfully terminated by his employer Julia. It explores the laws and remedies available for victims of wrongful termination, including sexual harassment and disability discrimination. The article also suggests employment policies to avoid wrongful termination.

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Wrongful Termination and Causes of Action
Introduction
After her graduation from the college, Julia started a venture of a small restaurant located
in Old Town in San Diego having worked in her parents’ restaurant for years. She then hired 14
friends of hers who were from her sorority and were also good in cleaning and cooking. Julia
also hired Ray, 41 years of age and with experience in service and cashiering. Ray was very
competent and enjoyed his work, despite his walking with a limp as one of his legs was an inch
shorter than the other. He however got annoyed of the female co-workers making fun of him and
so he reported his discomfort to Julia. Julia snubbed him to overcome his issues with the female
colleagues and continue with work. Ray protested to Julia when one of the female co-workers
tried to pinch him and Julia went ahead to fire him and cut the last pay check entitled to him. If
Ray considers to file a lawsuit to the effect of his wrongful termination by Julia, then he will be
the plaintiff and Julia and the female co-workers as the defendants.
Wrongful termination and causes of action
A person may be fired from their job and he or she may think that the termination may
have been illegal (Matthew 2018 par 1). If the claim is valid, then there may be available options
for the injured party. If the termination is in violation of local, state or federal laws and public

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policy, or the employment contract terms, then the employer ought to be accountable for his or
her actions. Causes of action for wrongful termination that would be available for Ray include
the following;
A hostile working environment tolerating sexual harassment (Matthew par 2); if a worker
faces sexual harassment and he or she has the belief that it is the reason for their firing, then they
should seek the aid of an attorney of employee rights (Title VII, Civil Rights Act). If the claim is
valid, then the employee is entitled to a back pay starting from the termination date to the date of
the verdict or settlement, reinstatement of the job, payment of all pay and benefits included and
potential receipt of damages as additional compensation. Ray may rely on this cause of action as
the female co-workers sexually harassed him being the lone male employee and his reporting of
this harassment is what led to the consequent termination of his job by Julia, his employer.
Disability discrimination (Matthew par 8); It is very unfortunate that a variety of discrimination
takes place in the workplaces. If an employee feels that he or she has been wrongfully terminated
due to discrimination such as disability discrimination, then he or she should seek the help of an
employee rights employee to fight the discrimination. The female co-workers working with Ray
made fun of Ray’s walking style while he limped because one of his legs was an inch shorter
than the other. In Faragher v. City of Boca Raton, and Burlington v. Ellerth (1998), the courts
concluded that the employers had the liability in case their employees suffered from harassment.
It was due to this reason, accompanied with other types of harassment that prompted Ray to
protest to Julia, and he was fired in the process. This is another cause of action for his wrongful
employment.
Applicable Law to Ray’s sexual harassment

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The Civil Rights Act, 1964 violates sexual harassment under Title VII. Sexual
harassment involves unwelcome sexual advances, uncomfortable physical or verbal conduct or
requests involving sexual favors. The behavior must not be necessarily sexual in nature but may
include remarks that are offensive towards an individual’s sex. Title VII prohibits such
discrimination in the employment set up and applies to employers that have 15 or more
employees. The law also prohibits retaliation against a person who has reported such
discrimination, filed a discrimination charge or took part in an employment discrimination
lawsuit or investigation.
Ray will be required to clearly illustrate how he faced sexual harassment from his female
co-workers using the above mentioned guidelines in order for him to have a successful lawsuit.
In case he succeeds in his lawsuit on the basis of sexual harassment, then he may enjoy several
remedies (Akhbari 2018 par 2). These remedies include the awarding of damages issued on the
basis of losing his wages or his earning ability. They may also be awarded for his emotional
suffering, distress or pain. Another remedy may be his re-hiring by Julia after he was fired due to
his discrimination or harassment. There may also occur the changing of the company policies
such as educational classes to ensure no further widespread violations. Another remedy may be
the firing of the offender where Ray may seek for the termination of the female co-worker who
attempted to pinch him.
Applicable law to Ray’s disability discrimination
Disability discrimination is prohibited by the Americans with Disabilities Act (ADA)
(Lisa par 1). Such prohibition covers aspects such as hiring, promotion, pay and firing. It protects
employees who face retaliation in the attempt of their rights enforcement according to the law.
The ADA also provides specific conditions that amount to disability. According to the ADA, a

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disability refers to a mental or physical impairment which limits a major activity in life
substantially. In the case of Sutton v. United Airlines, Inc. (1999), the definition of “disabled”
was clarified by the Court with reliance on the ADA. The ADA only protects people with
disabilities but are qualified workers and capable to perform the essential duties required of them
in the job, whether or not the employer provides reasonable accommodation.
When filing his lawsuit, Ray will need to rely on the ADA to raise the issue how his
female co-workers made fun of his limping nature. If his claims of disability are successful, the
remedies available for Ray would be in the categories of affirmative relief, compensatory,
punitive and injunctive damages (Shegerian, par 5-7). Compensatory damages would involve
direct expenses for the discrimination and allow the injured party recovery from emotional pain,
harm and suffering. Punitive damages apply where the discrimination was intentional and wilful.
Such discrimination may involve malicious or reckless harassment. Having looked at the
scenario, I strongly believe that Ray would be successful in his claims for wrongful termination
by Julia as Ray had not done any wrongful act and Julia was clearly in contravention of her legal
obligations as the employer.
ADR Methods
The alternative methods that may be employed in the dispute resolution would include
constructive dismissal and a notice period (Lambe par 3 & 6). In a constructive dismissal, an
employee is not dismissed but there has been a significant change in their employment. Such
change may be to the effect of the employee’s title, compensation, position or his duties. A
notice period on the other hand may be given to the employee by the employer for his
termination due to many factors. The period is important as it determines the severance amount
that the employer owes the employee. I would prefer the option of constructive dismissal. This is

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because despite the changes suffered by Ray, he shall not have lost his job at Julia’s restaurant
altogether.
Employment policies to avoid wrongful termination
For Julia to avoid any subsequent lawsuits based on wrongful termination, she will have
to ensure the availability of the following requirements (Hopkins par 7): employment agreement
between the employee and the employee to avoid many disagreements that are unnecessary;
employee handbook to be written and communicated; performance reviews to enable the
employees to be aware of their actions and the employers’ expectations; employee progressive
discipline policy to ensure employee discipline and the personnel files for the storage of all
information provided above.

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Works Cited
Akhbari, Ki. Harassment in the workplace remedies. Legal Match, 2018. Accessed from
www.legalmatch.com/law-library/article/harassment-in-the-workplace-remedies.html.
Civil Rights Act, 1964.
Faragher v. City of Boca Raton, and Burlington v. Ellerth (1998).
Hopkins, Christy. How to avoid being sued for wrongful termination. Business Law, 2017.
Accessed from https://fitsmallbusiness.com/wrongful-termination/.
Lambe Personal Injury Legal Service. Alternative Dispute resolution commissioner for taking
affidavits: Wrongful termination Accessed from lambe.legal/alternative-dispute-
resolution-and-wrongful-termination.html.
Lisa, Guerin. Disability Discrimination in the Workplace: An Overview of the ADA. NOLO,
2019. Accessed from www.nolo.com/legal-encyclopedia/disability-discrimination-
workplace-overview-of-30123.html.
Matthew, K., Fenton. Wrongful Termination. 2018. Accessed from
www.wenzelfenton.com/blog/2018/09/17/8-examples-of-wrongful-termination-
checklist/.
Shegerian, Carney. What are the remedies of a disability discrimination? Protecting Your
Rights. 2016 Accessed from www.shegerianlaw.com/what-are-the-remedies-of-a-
disability-discrimination-claim/.
Sutton v. United Airlines, Inc. (1999).