Executive Wrongful Termination

As a C-level or senior executive, and even mid-level executive, what if you are now facing employment termination? What if you have been put on a performance plan? What if you work in a hostile work environment? What if you have already been fired? And all this happened to you despite your record of exemplary performance and loyal service. All you are now told is that you are no longer a good fit; what can you do?

Generally, employees and executives are employees “at will.” That means you can be terminated, at any time, for any reason, or no reason at all.  The exception is when you have an employment contract or agreement.

Despite an employee’s at-will employee status, an employee cannot be fired for the wrong reason. If you are fired for the wrong reason, that employer’s action can give rise to claims for wrongful termination. This page discusses wrongful termination for executives: What are your rights? What actions can you take? What damages can you seek? 

What is wrongful executive termination?

An executive or employee could have a case for wrongful termination if fired in violation of the terms in an employment contract or agreement. The contract can be a formal executive employment agreement, a job offer letter, or even terms in your employee manual in certain situations.  

You may be wrongfully terminated if your employer fires you in retaliation for calling attention to fraud, unsafe conditions, sexual harassment, or other illegal activities at the company.

Executives may also be wrongfully terminated for discriminatory reasons based on age, pregnancy, religion, disability status, gender, race, or national origin.  

In addition, when the reason given by your employer for employment termination is used to disguise the actual cause of discharge, this pretense would itself be evidence that you had been wrongfully dismissed.

Negotiating terms of an executive separation 

If you have been terminated, or believe you may be terminated soon, you should contact our Ohio employment lawyers for executives to fight for you. 

If you choose to fight back against wrongful termination, you may seek the following compensations and benefits: 

• Lost salary and benefits (e.g. health insurance and COBRA)
• Earned but unpaid executive bonus or prorated bonus, or long term incentive
• Vesting of equity or replacement of lost equity, whether options, restrictive stock or RSUs
• Reimbursement of expenses incurred in reliance on the job, such as loss on the sale of a home purchased for relocation
• Emotional Distress
• References and messaging within the company and beyond 
• Outplacement assistance 
• Attorneys’ fees 

An experienced executive employment attorney can assist you in getting what is right and fair under your specific circumstances. 

If you believe you are wrongfully terminated or may be wrongfully terminated, don’t hesitate to seek the counsel of an experienced executive employment law attorney in Columbus, Ohio to ascertain the remedies that may be available to you.  Contact Mansell Law today.