If you believe you have been dismissed from employment for an unlawful reason, then you may have a claim for a wrongful termination against the former employer. Unfortunately, providing wrongful termination can be complicated and challenging; therefore, it is always within your best interests to find a professional with experience in the matter. This article will provide information on wrongful dismissal lawyers and the reasons why you should hire this type of professional.
What Is An Unlawful Reason for Employment Termination?
While employers do not need to give a reason for terminating a staff member’s employment, they cannot fire a person for reasons that breach employment contracts or violate legislation. Illegal cases of termination can include cases of harassment, termination based on discrimination, firing without concern of labor laws, and firing as retaliation for complaints against the employer.
The majority of employees operating in the US work “at will”. In “at will” employment situations, the employer can fire a staff member for no reason at all; however, the employer cannot breach their contract regarding the reason why they are being fired. While the employer does not need to offer a reason for terminating an “at will” employee’s contract, most employers opt to offer reasons. In this situation, the termination is known as a termination for cause.
What Are The Reasons Why You Would Need A Wrongful Dismissal Lawyer?
Professional legal representatives, such as wrongful dismissal lawyers, consider various facts when analyzing wrongful termination cases. Despite reasons or no reasons being offered for the termination, it is important for the professional to find evidence to prove the cause for termination. Considerations that are commonly examined include the following:
1. Employment Contract
If you are working according to an employment contract, then the employer needs to comply with the contract provisions. If the contract states reasons for which the position can be terminated, the employer cannot terminate your employment for reasons not included in the list. The majority of employees do not have written employment contracts; however, if you do and it lists the reasons for termination, the lawyer can determine if the reason for termination is lawful or not.
2. Employer Policy
In certain cases, an employer’s policy will offer disciplinary procedures. Attorneys can work with you to determine if the previous employer had a policy, but failed to adhere to the policy. If this is the case, then the employer may have breached the contract and your dismissal will be illegal.
If, at some point, during your employment you made a complaint on the employer’s behavior, it may be possible that the termination is a form of retaliation. If it is discovered that the reported termination was not illegal, the employee will remain protected as long as the report was filed in good faith.
4. Differential Treatment
If the termination was based on performance problems, the wrongful dismissal lawyer will need to know if other employees were terminated based on the same issues. If not, there may be evidence suggesting the employer treated you differently because of your gender, race, age, ethnicity, legally protected status, or sexual orientation.
As can be seen, there are various reasons why you might need a wrongful dismissals lawyer. Using the information above, you can determine if you were wrongfully dismissed and if you should hire legal representation.
This post is also available in: French