Did you know that employee lawsuits have increased nearly 400% in the U.S. over the past 20 years? This is mostly due to employees finally understanding the wrongful dismissal law and how surprisingly often it occurs.
What is Unfair Dismissal? Unfair dismissal occurs when an employee has been let go (i.e. their job has been terminated) on unfair grounds. What are these unfair grounds? Anything that could possibly be connected to race, gender, social status, etc. could be fair game for a wrongful dismissal case — as long as there were no other reasons for terminating employment found.
Written Promises of Work: Those who have a written contract (hard copy, email, or other document) which promises you job security will have a strong argument against the unfair dismissal. Under contract, people are not an at-will employee; this means that people can be let go or quit their job on their own accord.
For example, let’s say you work in the fashion industry and your modeling contract is supposed to last two years and you will only be fired for a good cause. Before your contract runs out, you are fired for a reason unbeknownst to you and you have not done anything to breach your contract. This is wrongful dismissal.
Implied Promises of Work: These are when an employer says or does something that the employee is in agreement with, such as promising further employment in the future. This is often difficult to prove if the employer does not keep their word because, after all, it is only word-of-mouth. However, implied contracts have occurred where employers promise permanent employment, then go back on their word.
Determining Unfairness: If an employer has acted unfairly, you could claim wrongful dismissal and hire a wrongful termination lawyer.
Unfair dismissal can be tied to personal injury if an employee is fired due to missing work. According to the Bureau of Labor Statistics, workplace related illnesses accounted for 5% of all on the job injuries in 2012. Nearly 7 million people are injured by slips and falls in the U.S. every year.
Other breached contracts include:
- Firing or transferring an employee to prevent them from receiving commissions.
- Misleading an employee about chances for promotions and wage increases.
- Fudging the bad aspects of a certain job to make it more appealing.
- Lying about reasons for firing an employee when they are just trying to replace them for someone who will work for less pay.
If you have been subject to any of these instances, you should contact a wrongful termination lawyer as soon as possible in order to collect wrongful dismissal compensation. See this link for more references. Ger more information on this topic here.
