The 7 Most Common Types of Wrongful Dismissals

April 24, 2018 0

Being wrongfully dismissed from a position can have devastating consequences on the individual. From lost wages to increased stress and uncertainty; your termination should not be taken lightly.

If you’ve recently been terminated from your job due to any of the reasons below, you should contact an employment lawyer immediately. Chances are you’ve suffered from a wrongful dismissal and may be eligible to receive retribution for the wrongdoing.

1. Retaliation

If you’ve been let go from your position in response to a legal action on your part, you have undergone a wrongful dismissal. Employers often seek retaliation on an employee if they have filed a complaint against them or their business. This action is highly illegal and you are eligible to receive compensation for their action. Further, an employer cannot terminate your position if an investigation into discrimination is currently ongoing as it is clearly an act of retaliation against you. Ultimately if an employee acts out a legal workplace right, it is against the law to be punished for it.

2. Inadequate Notice

One of the most common reasons a termination is categorized as a wrongful dismissal is if the employer fails to give the worker adequate notice. Every place of employment should have a policy that outlines the protocol that needs to be followed. If you have been fired without the correct protocol being followed, you have undergone a wrongful dismissal and should speak with a lawyer.

3. Discrimination

Discrimination in the workplace is highly illegal and should not be tolerated. Discrimination can occur due to race, nationality, ethnicity, gender, age, sexual orientation and religion. An employer does not have the right to dismiss you based on any of these grounds. If you have been discriminated against and fired for it, you should speak to a lawyer immediately to see if you qualify for retribution.

4. Termination of Contact

Many contract workers do not realize that they can experience a wrongful dismissal. If an employer terminated a contract without your consent prior to its expiration date, it is illegal. Employers are not able to change any details of a signed contract without your consent.

5. Inadequate Training and Betterment Options

An employer cannot fire you based on poor performance, or issues that you have not been addressed. An employee must be given ample opportunity to better themselves and their performance at the job. An employee should receive proper training for their position, and explanations as to why their performance is lacking. If this is not provided to the employee prior to the dismissal the employer is acting illegally. Ultimately, if there are issues with the employee’s performance they should be made aware of it, given time to improve, and provided with adequate support.

6. No Explanation

A worker cannot be dismissed without reason. If you have undergone a termination and your employer was not willing (or able) to provide you with a reason you should speak to an employment lawyer immediately.

7. Forced Resignation

A forced resignation could have happened to you if you were pressured into leaving the position you were in. Oftentimes, employee’s will pressure workers into signing an incentive offer. Incentive offers should never be signed without contacting a lawyer first as they are likely given as a way to pressure you into leaving. In addition to the pressure, these incentive offers are typically much less than the severance you are entitled to. If you are currently experiencing this, you should speak with a lawyer immediately.