What is wrongful dismissal? This occurs when an employee is fired for an illegal reason which may include a contractual breach or a violation of federal anti-discrimination laws such as discrimination due to disability, race, religion, national origin, age or colour. Local and state laws usually protect additional aspects like gender identity, sexual orientation and marital status. An employee can also be fired due to retaliation. Just because an employee complained about illegal behaviour such as hour violations, harassment, discrimination or workplace and safety concerns does not give the employer the right to terminate his employment. More on this can be found at bilisimpolisi.com.
The following are situations that should cause you to think about getting legal counsel with regard to wrongful dismissal.
- You signed an employment contract that limits the right of the employer to terminate you. If the employer goes against any of the clauses in the contract then you have a right to sue for wrongful dismissal.
- Suggestive actions and statements by your employer that imply that you were dismissed for discriminatory reasons for example your race which had nothing to do with your work performance.
- In the event that you were just about to receive some benefits for example collecting pension money or service gratuity and then you get fired before receiving them.
- As a result of your firing, the workplace demographic changed. For instance, you were the only Muslim in your department or the only manager who is a woman.
- You recently exercised your legal right as a citizen for example voting or exercising your legal right as an employee for example maternity leave or sick leave of which the employer did not want you to partake.
- You recently expressed dissatisfaction or annoyance about a wrongdoing in the workplace like corrupt, unlawful or irregular resource and funds usage by the employer. A good example of this is insider trading by listed firms in the stock exchange to gain an unfair advantage. This also includes if you participated in an investigation pertaining to your employer.
- A complaint of sexual harassment or discrimination was filed by you recently against your employer or a fellow employee.
- You spotted a fellow employee in the workplace going against the practices of the organisation for example workplace hazards or sloppy accounting practices that do not report the actual state of the finances.
- The revelation of a protected characteristic for instance revealing that you are pregnant or have a certain disability.
- Being served a termination letter without cause should be reason enough to get the services of a wrongful dismissal lawyer. The reason for termination needs to be clear and evidence to prove the same should be available.
- If an employee is fired due to bad performance yet they have been receiving good performance reviews all along gives the employee reason to look for a wrongful dismissal lawyer.
- When the termination procedures by the employer are not being followed. The company policy or employee handbook states out procedures that should be followed in the event of an employee termination. If the employer fails to follow this procedures then the employee may have a claim for wrongful termination.
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