Unfair or wrongful termination at work is when employees are fired for illegal reasons. Some of the employees have entered an at-will contract where the employers have the right to terminate them at any time they want, but this can be a different situation for others.
At-will employees might also be allowed to leave when they are not happy with their work or find new opportunities elsewhere. This can be done without needing to render 30 days of work or even submitting a notice to their employers, and it’s not a contract breach. However, some employers might break the law and fire their workers, which can be considered wrongful termination.
Termination that’s Against the Law
Bullying and Discrimination in the Workplace
Bullying is very common, especially between the higher-ups and those who are just beginning their jobs. When the termination is based on the premise that someone belongs to a specific race, class, religion, age, nationality, color, pregnancy, sexual orientation, or disability, these can be legal grounds for the employee to file a case.
Discrimination is against the law, and this is something that all employees and employers should learn about from the start. See more about the different types of discrimination in this link here.
Medical or Family Leave
The employees have the right to take care of their families whenever they are sick and are entitled to sick leaves. They can be sued for this when they get a letter after returning to the office that they shouldn’t continue working for the company.
Retaliation from the Higher Ups
The ones reporting their managers and supervisors might get suspended or terminated without due process. These workers are legally protected by the law from any possible retaliation, and if the manager responds by ending the employment, this is considered unfair termination.
Breach of Good Dealing
It’s also called a breach of good faith or good dealing, where the management terminates someone because the reason is fabricated. If you find yourself in this situation, you should not hesitate to reach out to the best solicitors in the area so you will know what to do next.
Violation of Public Policies
Some are getting the notice of discontinuation of their jobs because they support various political parties or are part of a recognized group. This is against the law, and action should be taken immediately.
Overcoming the Reasons of the Employers for Firing an Employee
In most wrongful termination cases, the individual should show first that the reason for getting discharged from work is false. Some employers generally claim that they are terminating someone because they have something legitimate against it, and it can be challenging for them to admit that the process was unlawful.
Others can change their employer’s story when they can prove or present evidence in a court of the following:
- They can present excellent past performance reviews and client recommendations in court so they can overcome the reason that they were fired because they were performing poorly in their jobs
- A proof that they are always punctual if the reason for the firing is being absent once or twice
- There’s an alleged sexual assault that involves a co-employee, but that person testifies that there was no harassment
- Solid evidence that HR didn’t follow various handbook policies to investigate a case, and this led to the termination
It can be challenging to prove that the employee was fired because of false pretenses, and they might need to change their employer’s story. When the reason for the discharge is inconsistent, they are more likely to be made up, and the reason behind it is unlawful.
What to Do Next?
In some situations, you must file a claim and follow the state regulations about the complaint. You need to meet with a solicitor to get legal advice on settlement agreements or filing a case. Some employers might offer you a settlement agreement that’s way less than you deserve. Getting an attorney will ensure you get fair compensation in the process. Here are other processes that can help you recover.
- Keep your Actions Professional towards the Employer
Everything can be stressful, but it’s best to remain professional throughout the termination process. Don’t let your emotions run high. To get your last check, you still need to be more professional. You can always file a claim with the help of the right attorney if you feel you were treated unfairly at work.
- Know your Rights
Wrongful termination can be distressing, and you might not be able to think clearly during these times. To make the right decisions, it’s very important to check with a professional attorney who has worked with others in the same situation as you.
They are often experts in workplace discrimination and can handle the paperwork on your behalf. Make sure you do not lose your time and opportunity, as certain statutes and limitations are being enforced in some states. Hold your employer accountable early on for wrongful termination.
- Ask for the Primary Reason why you Got Fired
You need a lot of information since you can use these in court. Other companies are usually not very open and forthcoming about why they are firing their employees, but you still need a statement from them.
Document everything in your work, including internal memos, schedules, calendars, performance reviews, and emails, and save them in your personal files. You can read more about internal memos on this site here: https://smallbusiness.chron.com/drafting-internal-memorandum-70833.html. These pieces of information can become valuable for you in the long run.
- Find Out Who Made the Decision to Fire you
Find out the person or people who decided to fire you. This might be coming from a specific manager who made you feel uncomfortable while you’re still in the workplace. They might have made scathing remarks about your sexual orientation, age, or race. If this was the case, present evidence that you made a report about harassment and discrimination against them. Firing you might be their way of retaliating, and you’re eligible to make a wrongful termination claim.