If you have been fired from your job and believe that this was done for an unlawful reason, you could have the right to bring a wrongful dismissal claim against your past employer. The legal remedies that you will be entitled to include money damages and the negotiation of an appropriate severance package. However, you will first need to determine if you have the basis for a wrongful termination claim.
What Makes A Dismissal Wrongful?
The term wrongful dismissal means that an employee has been fired or laid off for reasons which are illegal in the eyes of the law. There are a number of common reasons why dismissal can be wrongful and you need to know what they are. The primary reason is that the firing violated the state and federal anti-discrimination laws.
Wrongful dismissal also occurs when the dismissal was a form of harassment or that it was a violation of the oral and written employment agreement. Dismissals that violate labor laws including the collective bargaining laws will also be unlawful. Employers are also not allowed to fire employees in retaliation for them having filed a complaint or another type of claim against the employer.
It is important to note that some of these violations will carry a penalty while others will result in damaged being paid to the employee. However, it is recommended that you contact an employment lawyer before you make any claims against your employer. They will be able to tell you if you have the grounds for a claim and the damages that you might be able to get.
The Steps To Making The Claim
After being fired, the first step that you need to take is to not act on any of the negative instincts that you have. You should not act against your former employer such as posting negative information online. You need to contact an employment lawyer before you do anything else as they will be able to help you.
You also need to ensure that you have a copy of your employment contract and read through it. If there are any provisions in the contract regarding dismissal, this can strengthen your case. You will also need to provide a copy of the contract to your lawyer.
You should also ask about the reasons for your dismissal. This will include finding out who decided that you had to be dismissed. This can play a major role in the success or failure of your claim. You should also request to see your personnel file to see what the company has on record regarding your employment.
When you are making a claim, you should not allow yourself to be intimidated. There are many unscrupulous employers who will try to use these tactics to get you to drop your claim. You also need to ensure that you return any company property and that you follow other common post-employment procedures. When you return the property, it is recommended that you get something in writing to show that this has been done.