Looking At The 4 Forms Of Wrongful Dismissal
There are four forms of wrongful dismissal that can allow for an employee who was fired to bring suit against their employer for breaking the law. Often referred to in general or generic terms like unlawful termination, wrongful dismissal is the technical legal term for this type of incident. These laws are meant to protect workers from discrimination, retaliation, unfair firing, or losing a job when refusing to do something illegal.
In fact, those are the four forms of wrongful dismissal are legally recognized. If you have, or if you know anyone, who has been fired under the circumstances and they should meet with an employment attorney immediately to see if a wrongful dismissal case might be in the works.
Discrimination Based Wrongful Dismissal
The first form is discrimination. This is pretty standard. An employer cannot fire an employee just because they are certain race, nationality, religious affiliation, gender, age, and in many jurisdictions sexual orientation. This is a clear case for wrongful termination as the reason for firing has nothing to do with job performance and everything to do with individual factors that relate to a person’s individual rights.
Retaliation Based Wrongful Dismissal
The second form is retaliation. This is to prevent firing when an employee files a complaint with the safety and oversight board, complains about withheld wages or unpaid overtime, or in some insidious cases because the individual would not date or do sexual favors for the employer. Retaliation is not an acceptable reason for being fired.
Refusal To Commit A Crime Based Wrongful Dismissal
The third form is refusal to commit an illegal act. Employees cannot be forced to do something illegal. They certainly cannot be fired for doing the right thing and refused to break the law. That is a clear case of wrongful dismissal and you would be surprised just how often this form comes up in a case.
Failure To Follow Own Policy Based Wrongful Dismissal
The fourth form is failure to follow the company’s own termination process. Many businesses have a very clear process that is use to fire or terminate an employee. If the company fails to follow their own process and they may be open to a case of wrongful dismissal this tends to be the most rare of the four forms but can come up when the company has a three strikes and you’re out policy written down but fires a worker immediately after the first mistake without warning.
While losing a job can be a very difficult time for anybody, this can be an even more frustrating situation for you has been fired without cause. The fact that this often happens with very little to no warning can be especially traumatic. However, if being removed violates one of these for tenants set up in the law to protect workers then that worker has a solid wrongful dismissal case. It is up to them to make sure they get a high quality appointment attorney who will fight for their constitutional rights and get them compensation that they deserve.
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