Have you been released from employment unfairly? If you were sacked, frozen out, or not given the promised contracted hours, you could have been unfairly dismissed. Here is what you need to know to get justice.
As well as being OHSA compliant, your employer must treat you fairly while you are in their care. This means they have a responsibility towards making sure you are safe, provided for in terms of amenities, and that you have heat and light. They must also ensure that when they do terminate your employment, it is for the right reasons and not the wrong ones.
This article will explore what those right and wrong reasons for dismissal might be. It even advises you on defending yourself post-termination.
What Constitutes Wrongful Dismissal?
Not every dismissal from a workplace is wrongful. In fact, most contracts of employment end after a specified time, or due to mutual agreement. Many contracts end because the employee has found better prospects elsewhere, or due to promotion within the same company.
In most US states the law allows only for wrongful terminations in certain circumstances. This is because federal laws change from one area to another. All employees, except those in Montana, are treated as at-will employees. These are employees which agree that their employment may be terminated at any time.
However, that does not mean there are no exceptions to the rule. Usually, these exceptions depend on federal and state laws combined. However, even then there are general rules which are strikingly similar.
Reasons Your employer CAN Fire You:
- You do not show up for work or fail to consistently show up on time.
- You are terrible at your job and do not improve.
- You refuse to carry out tasks which are essential to the role.
- You do not complete the required tasks within the allotted time.
Reasons Your Employer CANNOT Fire You:
- You are a specific race.
- You are a specific sex.
- You have disabilities.
- You are bullied or the victim of discrimination.
Defending Yourself if You are Wrongfully Dismissed
If you have been unfairly dismissed from your job, you should gather all the evidence that you can. Defending yourself post-termination means seeking legal advice as an early step, thereby allowing yourself access to professional guidance. Take the following steps to secure your interest in any upcoming lawsuits.
1 – Seek legal advice as soon as possible
An employment lawyer will advise you on what you should do next.
2 – Gather evidence
Start recording what incidents of discrimination you encountered in the workplace. The more of these you have, the stronger the case. Include details of witnesses.
3 – Consider Reconciliation
As soon as your former employer learns that you intend to take legal action, they will offer an easy way out. They will suggest a reconciliatory meeting. They may make promises of change and you might wish to accept this.
4 – Pursue a Claim
If you do not wish to reconcile – which is well within your rights – then you should pursue a claim for compensation. This will go some way towards recompense for any monetary losses you have suffered.
Seek Justice
Whatever happens, if you do not pursue your claim, you allow your former employer to continue this maltreatment of the next person after you. Stand up for yourself and stand up for them by seeking justice.
