Wrongful Termination: Here’s How To Fix It

There are different types of termination of employment which are normally agreed upon by both parties-the employee and employers. However, in some cases, employees are unlawfully dismissed from their duties by their employees. While some employees will have an idea of a breach of contract and immediately seek out remedies for wrongful termination, many employees have no idea that their dismissal is unlawful. But can an employee work out how to fix wrongful termination?

If you have been laid off from your job wrongfully, you have the right to sue your employee for a breach of contract. Before moving on, let’s help you understand the meaning of wrongful termination of employment so you can be sure when to make legal claims.

What Is A Wrongful Termination?

A wrongful termination of employment is when an employer fires an employee without legal justification. This usually happens when an employer breaches the agreed contract of employment, the policies of the company, or state labor laws. Before finding remedies for wrongful termination, it is important to know what it may look like. Some illegal reasons may include:

• When an employer fires staff in violation of federal state and anti-discrimination laws
• When an employer fires a worker after breaching the agreed contract of employment
• When an employer fires staff after refusing to partake in illegal acts
• When an employer fires an employee who filed a complaint of sexual harassment, discrimination, or an unhealthy workplace.

Keep in mind that a dismissal for poor performance, closing a company, or conduct that is the fault of the employee are legal reasons to lay off an employee.

Learn about your rights and say no to wrongful termination!

Labour Law On Wrongful Termination 

The Fair Work Act 2009, section 772, states that employers cannot terminate your contract of employment for having health issues that prevent you from working, not participating in a trade union, being under a protected class(race, gender, etc), or participating in union activities outside working hours. This labor law on wrongful termination also mandates that employers cannot terminate a contract of employment for being of specific martial status, sexual orientation, religion, or political supporter. Taking time off work for maternity leave isn’t also a valid reason for wrongful termination of employment. According to the Maternity Benefit Act, 196, employers are prohibited from any sort of dismissal of female employees on the grounds of pregnancy. Although there are no specific reasons for unlawful termination since it varies from organization to organization. However in India for example, one main labor law in wrongful termination is, Industrial Disputes Act, 1947 (ID) requires a month’s written period notice and a reason for unlawful termination. After that, follows a compensation which equals 15 days average pay for every completed year of service.

What Can You Do After Being Unlawfully Terminated?

If you ever feel you have been wrongfully terminated by your boss, you should consider reviewing these few remedies for wrongful termination:

1. Review Your Contract of Employment: It is important to go back and look at the signed agreement between both parties-you and your employer. If your employer has breached the contract, it can be used as evidence to build your case when making a legal claim.

2. Ask For A Written Statement About Your Termination: Aside from pure human instinct to know why your work contract ended, this could help as proof if you decide to work out how to fix wrongful termination or make legal claims against your employer. In case your request is turned down, print your email request for the statement as well as your employer’s email declination.

3. Reach Out To Human Resources: Consider taking this to the human resource department. You may be able to clarify if your dismissal was wrongful or not. Even if they don’t accept appeals or offer remedies for wrongful termination you get the opportunity to figure out how correct your termination was, plus some clarification of your entitled benefits.

4. Seek Assistance From An Employment Lawyer: With their expertise in employee rights and employment laws, workplace attorneys can guide you on how to fix wrongful termination. They can give helpful options and help you take the right steps in cases of legal claims or sues.

5. Open A Case: You can file a complaint with the Fair Work Commission online. The Fair Work Commission executive labor law on wrongful termination and resolve cases. Although they are to review to qualify for their help. If you qualify, you can open a separate investigation into your employer.

The remedies for wrongful termination differ by situation and organization. If you believe you have been unlawfully fired, you may be entitled to certain benefits. In such cases, it is important to get an experienced lawyer to help you understand your rights.

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