Unfair dismissal, also known as wrongful termination of an employee, occurs when a company fires, dismisses or otherwise removes a worker without having a good reason for doing so.
Strong and legitimate reasons for termination must be presented by the employer, and if they are not, the termination was unlawful. This also includes:
- Termination of employment as a result of a worker “blowing the whistle” on a company that has violated or allegedly plans to violate a state or federal law (retaliation)
- Terminating a worker who has reported sexual harassment, discrimination, or hazardous work conditions (retaliation)
- Discrimination based on factors such as race, religion, caste, etc.
The method of firing an employee is outlined in the Employment Contract that both the employer and the employee have signed. The contract may or may not include clauses describing the process for terminating employees; if it does, those clauses must comply with labor laws; if they don’t, then the employer must abide by the state’s labor laws.
What is the Legal Action you can take?
If it is determined that your employer terminated your job improperly, numerous possible legal remedies may be available. Additionally, more than one wrongdoer may occasionally be held liable for damages. Based on the employee’s lost salary and emotional anguish, a company might be required to pay damages. Punitive damages may be awarded by the court to the fired worker by the employer.
One of the biggest challenges for a fired employee is presenting strong proof that the individual was let go for illegal motives, like their color, gender, making a whistleblower report, or reporting harassment. Employers frequently reply by providing proof of ostensibly good grounds for the termination, such as subpar performance.
Employers frequently settle for valid reasons. Even when employers successfully defend themselves, wrongful termination trials can uncover potentially damaging information about a corporation, in addition to the uncertainty of a trial. Trials can sometimes be quite time-consuming and expensive compared to settlement.
An employment attorney ND might be able to negotiate reinstatement or a suitable severance package that includes adequate remuneration and unemployment benefits while the employee looks for a new job if the employee hasn’t yet been officially discharged.
Should you file a case?
Most wrongful termination cases are resolved outside of court. Nevertheless, starting a lawsuit might offer you a stronger negotiating position since it initiates the official process known as “discovery,” which requires both parties to produce documents and take depositions.
Employees who file a wrongful termination lawsuit are more than twice as likely to receive a settlement than those who do not, and they typically win larger settlements or awards.
Never simply accept the first offer made by the company. Give the offer some thought. Many workers consent to their employer’s first settlement proposal. On average, though, people who bargain for a better deal receive more than twice as much as those who don’t. If you or someone known to you has been terminated wrongfully, engage the services of expert employment lawyers ND at Autrey Law Firm.