Wrongful Termination in the Food Industry: Employee Rights and Legal Remedies

Getting fired can be really tough for any employee. However, when that termination is illegal, it can have devastating professional and financial consequences. In the food industry, where high turnover and challenging work conditions already put stress on employment relationships, it is important to know what wrongful termination is all about.

Definition of Wrongful Termination

Wrongful termination, also called wrongful discharge or wrongful firing, refers to a situation were an employer fires an employee without just cause. There are several scenarios that could make a termination wrongful:

• Violating an employment contract – Firing someone currently under a written, verbal or implied contract of employment can lead to wrongful termination, if the employer breaches the agreed-upon terms. This includes not following proper procedures like progressive discipline steps. 

• Violating company policy – Wrongful termination can occur if the employer discharges an employee for reasons or through processes that fail to adhere to the employer’s own established policies or acts in a manner that contradicts them.

• Discrimination – This form of wrongful termination often involves situations where an employer’s decision to terminate is motivated by bias or prejudice against the employee’s protected status, rather than job performance or legitimate business reasons.

• Retaliation – Retaliation in the context of wrongful termination refers to the unlawful firing of an employee in response to their exercise of protected rights, such as reporting workplace discrimination, harassment, illegal activities, or cooperating in investigations.
  
• Violations of public policy – Violation of public policy in the context of wrongful termination occurs when an employee is unlawfully fired for reasons that go against established societal norms, laws, or public interests. Examples are refusing to commit an illegal act or taking time off for jury duty.
  
• Breach of good faith – This occurs when an employer fails to act in an honest, fair, or reasonable manner when terminating an employee. This includes cases like misleading employees regarding job security or avoiding paying commissions.

Wrongful termination lawsuits have been on the rise in the food industry. A recent study showed a 12% increase between 2017-2019. With complex shifts in minimum wage, tip credits, and scheduling laws across states, it’s not surprising terminations sometimes cross legal boundaries. If you feel you may have a case for wrongful termination in Los Angeles, contact a wrongful termination lawyer in Los Angeles for a consultation.

Employment Contracts 

For most food service employees, there is no formal written employment contract. Their employment status falls under the “at-will doctrine” by default in all states except Montana. Under at-will employment, the working relationship can be ended by either the employer or employee at any time for any reason without advance notice.

However, important exceptions exist;

Written employment contracts – Management-level employees or those in executive roles may have formal written agreements. These agreements come with defined terms of employment, reasons for termination, and processes that must be followed. A breach of these contract terms would be considered as wrongful termination.

Verbal statements or promises – Courts may consider verbal assurances by employers regarding job security or termination procedures as binding contracts.

Employee handbooks – Personnel policies and procedures in employee handbooks can form implied contracts. That is if they contain specifics like “for cause” termination clauses or progressive discipline steps. 

Past precedent – Consistent past practices regarding termination can establish implied contractual obligations, especially for longer-term employees.

Even hourly workers without written contracts can potentially prove implied contractual rights were violated, if fired contrary to clear policies, longstanding practices, or verbal guarantees.

Breaches of Good Faith

Even without formal contracts, employers have some duty to treat employees fairly and in good faith. Every state except Montana recognizes the legal doctrine of “good faith and fair dealing” in employment. 

Violating this doctrine could mean a wrongful termination lawsuit. Examples from court cases include:

• Firing someone right before a sales commission or bonus was due
• Misleading employees about promotion opportunities to avoid paying higher salaries
• Terminating workers who get injured on the job, so the business avoids workers’ compensation claims

While tricky to prove, good faith violations provide employees some protection against extreme mistreatment.

Violations of Public Policy

Some reasons for firing employees clearly violate public policy standards. It’s illegal for businesses to terminate workers for things like;

• Refusing to commit an illegal act – An employer can’t force you to break the law as a condition of employment.
• Performing a public duty – You can’t be punished for serving on a jury or voting. 
• Filing a workers’ comp claim – It’s retaliation to fire someone for reporting legitimate workplace injuries.
• Whistleblowing – Federal and state laws protect reporting unlawful activities.
• Exercising legal rights – Taking protected family/medical leave or organizing unions are common examples.

These public policy violations open businesses to wrongful discharge claims when they terminate employees for retaliatory or discriminatory reasons cloaked as standard firings.

Discrimination & Retaliation

When terminations relate to protected statuses or activities covered by equal employment laws, wrongful discharge claims based on discrimination or retaliation come into play.

Common protected classes include:

• Race, color, national origin 
• Sex, gender, pregnancy, orientation  
• Age (over 40)
• Disability
• Religion 

To succeed on these claims, employees must show:

• They are part of a protected class or engaged in protected activities
• They were performing adequately in their position  
• They were terminated under circumstances that raise reasonable suspicions of illegal discrimination or retaliation

Mere speculation is inadequate. Employees need tangible evidence suggesting wrongful termination motivations. Though, because direct evidence is rare, most cases rely on reasonable inferences from timing, comparisons to other employees, comments/actions by decision-makers, etc. 

How To Prove Wrongful Termination

As illustrated above, what constitutes an illegal termination versus a legal one depends on many factors. Consultation with an employment lawyer is key to evaluating the specifics of any situation. 

But for employees blindsided by a termination notice, a few best practices apply:

• Carefully review company policies, handbooks, job offer letters, and any previous correspondence about employment terms, compensation, or performance. 

• Document as many factual details as possible about the circumstances leading up to the termination, including any statements or actions by managers that caused concern.

• Consider discrimination angles. Could any aspect of your identity, protected activities, or whistleblowing reports have motivated the firing? Make note of any supportive facts.

• Act promptly if you suspect wrongful termination. Most claims have short deadlines, some as little as 300 days. 

With awareness and the right legal help, food industry employees can fight back when terminations cross legal lines and violate their rights.

Frequently Asked Questions 

1. What is an implied employment contract?

  An implied contract is created from informal words or conduct, not formal written documents. Courts look at things like the longevity of employment, promotions and raises, personnel policies, and past practices to determine if an employer created unwritten expectations of job security.

1. How do I know if a firing violates public policy?

  Terminations that punish employees for complying with public duties (like jury duty), exercising workplace rights (like taking FMLA leave), whistleblowing, or refusing to break laws violate public policy. Consulting with an attorney helps assess if a situation qualifies.

1. What should I do if I am fired for discrimination?

  Document all the facts about your job performance, any harassing/biased comments or conduct by managers, consistent practices for other employees, and timeline of events. File a charge with the EEOC promptly and consult an employment lawyer about your options.

Conclusion

Navigating termination issues in the food industry requires understanding both broad anti-discrimination laws and nuanced contractual rights. With wise legal guidance, employees can push back when unfairly discharged and uphold important public protections.