Wrongful termination can be a stressful thing to go through. Not only does it cause emotional trauma, but it can also result in financial strain and worries.
You may hear wrongful termination, referred to as wrongful or unfair dismissal. It refers to when an employer fires an employee from their role within a company without providing an adequate or fair reason for doing so.
Distinguishing between wrongful termination and fair dismissal can be difficult. Employers can be vague about their reasoning behind contract termination, leaving employees wondering what steps to take next.
In this article, we’re going to cover the basics of wrongful termination to make it easier for you to identify if and when you lose your online job or in-person role.
What is Wrongful Termination?
Wrongful or unfair dismissal occurs when an employer terminates an employee’s contract without providing a fair reason. Under employment and labor laws, an employer must provide a justified reason for firing an employee, such as if the employee is guilty of fraud or inappropriate behavior in the workplace.
What is Classed as Wrongful Termination?
If an employee is fired for reasons against employment law, they are in a position to claim against their employer.
The following reasons for dismissal fall under wrongful termination:
- Nationality or race
- Sex or gender identity
- Political views
- Military status
What Can an Employer Do if They Are Unfairly Dismissed?
If an employer feels that their contract termination is unfair and unlawful, they can take a number of steps to resolve the issue. The first step should always be to contact the employer directly and ask them to provide further details about the dismissal, including their reasoning behind it.
In many cases, a quick conversation between an employee and employer is enough to overcome the problem or resolve the misunderstanding. However, this is not always the case.
An employer may refuse to speak with the employee, and even if they agree to a conversation, they may fail to provide justification for the dismissal. In such cases, the employee may wish to take legal action against their employer.
To file a wrongful termination claim against an employer, an employee must contact an employer lawyer or wrongful termination lawyer. A qualified lawyer can work with the employee to formulate a strong case that they can use to gain justice and compensation for the employee.
Legal action can take several weeks or even months and doesn’t always lead to financial gain for the affected employee. However, if the employer fails to provide a fair reason for the dismissal, it’s likely that the employee will gain some form of compensation or even be offered their job back.
The exact compensation settlement amount can vary from case to case. Generally, compensation is based on the unique circumstances and previous employment contract. An employee might gain some compensation for emotional trauma after wrongful dismissal, as well as financial payout for the wages they’ve lost after losing their job unfairly.