Being fired from work can be a traumatic experience for anyone. However, if it has been done illegally it’s even more overwhelming.
There are many instances where letting go of an employee is completely valid. But, if you have been unfairly dismissed without a reason – legal action can be taken.
To help you understand further, below we are going to take a look at five examples of wrongful termination. From here, you can determine if you have enough evidence for a case.
Discrimination
No employer is allowed to fire an employee based on their race, gender, age, religion, or other protected characteristic. If this does occur, it is known as discrimination.
In short, an employer cannot legally terminate an individual for something that they have no control over. If you believe this has happened to you, it’s essential to seek help from a team of professionals.
Just remember that each employee termination case is unique. Your outcome will depend on various factors that your lawyer will discuss with you.
Retaliation
Alongside discrimination, an employer cannot fire someone for reporting unlawful activities that have occurred within the workplace. For example, if someone reports severe bullying or sexual harassment and is later let go, it’s illegal.
Additionally reporting unethical activities is also a protected activity and is something you cannot be terminated for. It’s known as retaliation and is a violation of employment law.
Breach of Contract
A contract is a binding document between individuals. Employers must uphold any promises they have made within that contract regarding the employee’s job, payment, and general working conditions.
If a worker is fired and the contract is breached, they are free to seek legal compensation. Of course, proof needs to be used as evidence to support any claims.
Public Policy Violation
Another example of wrongful termination is when an employer fires an individual for something that violates public policy. This may include situations where someone refuses to break the law or has taken time off for jury duty.
Another example would be an individual who has reported health and safety violations to a government entity. Employees have legal protection, so be sure to remember this when dealing with severe conflict in the workplace.
Constructive Dismissal/Discharge
Last on the list, constructive discharge or dismissal occurs when an employer makes a workplace so unbearable that the employee is forced to leave. It can be considered wrongful termination, as they would not have otherwise left their position.
Some examples of this include pay cuts, increased workloads, or demotions. If you can prove that the company deliberately made your work experience intolerable, you may have a case.
Final Words
As you can see from the above, there are several different circumstances where you can be wrongfully terminated. It’s crucial to understand your rights and seek help if you find yourself in any of these situations.
While it might not be an easy process, you can get compensation for these circumstances. You always have the right to fight back.
