Navigating the waters of job termination is one of those areas where a person never is quite sure-footed. When a person gets dismissed on dubious grounds, the question of how such actions are allowed by law and the kind of protection offered to the employee needs to be looked into.
Dismissal from work is something sensitive and very consequential, and so there should always be an understanding by employees—an understanding of the circumstances under which they can be sacked from work and those that they cannot. Understanding the framework that surrounds unfair or even illegal firing situations is crucial for anyone in the workforce.
This would enable employers to carry out their duties without breaking the law, and it would also put employees in a position to defend themselves in cases where they are treated unjustly.
What is Wrongful Termination?
Wrongful termination is an act of dismissal in which an employee has been fired for reasons that are either unlawful or disallowed by an agreement made during employment. The reasons for a firing decision being illegal includes discrimination based on the worker’s race, gender, age, or religious affiliation.
Another type of illegal firing involves retaliation. For example, if an employee gets terminated following the reporting of unsafe working conditions, or if an employee is on a maternity or paternity leave—and they get fired—their employer would be in violation of the employees rights.
Knowing Your Rights
As an employee, you have specific rights that protect you from wrongful termination. First, you should know your employer cannot fire you for things that would violate the anti-discrimination laws or laws that protect exercising rights, such as voting, serving on a jury, or going on allotted leave according to the Family and Medical Leave Act (FMLA). In addition, if your contract outlines reasons for which you may not be fired, and you later get fired for those reasons, your employer has wrongfully terminated you.
If you believe you’ve been wrongfully terminated, you might have the right to:
a. File a complaint with a relevant government agency.
b. Sue for damages, including lost wages and benefits.
c. Seek reinstatement to your job, under certain conditions.
Understanding these rights is the first step in navigating the aftermath of what you believe to be an unfair dismissal.
Steps to Take If You’ve Been Wrongfully Terminated
If you suspect your termination was wrongful, here are some steps you can take:
a. Document Everything
Keep a file of your termination, including any correspondence on the matter between you and the employer.
b. Review Your Employment Contract
Understand the terms of your employment and whether any clauses were violated.
c. Get A Lawyer’s Help
An employment lawyer will be able to help explain your options and what your next steps should be.
Conclusion
You must view wrongful dismissal as a matter of great consequence; it may well affect your future career and your well-being. Being armed with information on your rights and what can be done will help you survive and bounce back better. Remember, understanding your rights as an employee is the key to protecting yourself and your career.