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  • Writer's pictureRobert Adelson

Executive Termination: If You’ve Been Fired/Face That, Do You Have a Claim for Wrongful Termination

Updated: Jan 19, 2023

On Friday May 27, 2022, the executive career advancement website IvyExec published an article I wrote on “Executive Termination: If You’ve Been Fired or Face That, Do You Have a Claim for Wrongful Termination?”

This new article is designed not only for C-level and senior executives, but even for many directors and mid-level executives.

My article makes the point that most executive employment in the USA is “at will” employment. That means you can be fired at any time for any reason or no reason. However, you cannot be fired for the wrong reason. If you are fired for the wrong reason, despite being an at-will employee, you may have a claim for wrongful termination.

What is wrongful termination? My article mentions a number of things an employer can do that could give rise to a wrongful termination claim, including these:

  • Violating terms of an employee manual

  • Violating terms of an oral agreement that you relied upon to your detriment, also called a claim of “implied contract” or “promissory estoppel”

  • Termination motivated by wrongful discrimination if you fit into a protected class – such as race, gender, age, national origin, sexual orientation.

  • Failure to observe good faith and fair dealing

  • Whistleblowing and retaliation.

In addition, you might potentially obtain damages if you quit employment over a hostile work environment or if conditions which have been made so difficult that you can claim constructive discharge.

After the discussion of potential claims, my article in its second part offers suggestions to you on what you might potentially seek in wrongful termination case or in settlement or severance negotiations with your employer

To see my full IvyExec article, go to LINK:

IvyExec hosts articles and webinars from experts in the career, leadership, and business spaces who wish to share their knowledge with our audience. In April 2021, I was invited to write for IvyExec since it seeks original content on the topics of career development, leadership, and business strategy as it applies to senior-level and C-Suite professionals. IvyExec blog posts and webinars are shared with its community of more than 2 million members on its website, in its newsletter, and on its social media channels.

IvyExec claims a “Community of 2.5M+ Leaders”.

It is my hope that this article will be of benefit to C-level and senior executives who have been fired or may face employment termination in situations where you might have a claim for severance based on various potential claims for wrongful termination if you have been fired or constructive discharge if you feel forced to resign… Feel free to tweet or share this article. If you or any colleague of yours has a need in this area, please do reach out to me.

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