Have you been dismissed from your place of employment, and there was no justifiable reason? The loss of a job is a devastating event, especially if you did nothing wrong. If your frustrated, angry, and want to challenge your dismissal, then it may be time to hire a legal expert to help.
When you’ve been wrongfully dismissed from a job, you will experience a plethora of emotions. However, you should remember that things like this happen all the time. If you didn’t receive proper notice or compensation for being unjustly fired, then you should fight it. Some laws protect an employee from such actions. Before you call an attorney, there are a few things about wrongful dismissal that you should know.
What Does The Law Consider A Wrongful Dismissal?
First, you should know that not everyone who is fired from a job has grounds for a lawsuit. When there are justifiable reasons for letting you go, then there is little you can do. For instance, if you weren’t completing your job or you were acting in a way that was against company policy, then they have the right to fire you. Consequently, if they gave you written warnings and have a file documenting their grievance with you, then the termination is legal.
If the company gave you a notice before they laid you off or fired you, then it’s not considered wrongful dismissal. They don’t need to provide you with a warning if they give you a compensation package. If the company has laid you off and doesn’t have a cause, they didn’t provide proper notice, and there was no severance pay, then you are a victim of wrongful dismissal.
Hiring A Wrongful Dismissal Lawyer
You’re probably lost and confused at the loss of your job. You’re worried about bills and how to make ends meet without the income you depend on. It’s important to find a good attorney that is well versed in this area of law. Wrongful dismissal cases can be tricky, but they can be won.
Is there a large number of such claims against the company? If the answer is yes, then they probably have a legal representative ready to fight their decision. When they have an attorney on board, then it can be a legal brawl. However, you can still win against corporate America.
The Initial Consolation
Going through the list of attorneys in your area can be a daunting task. You want to find someone that has a proven record of success. After you’ve done your homework and found a reputable lawyer, it’s time to schedule a consultation. The initial meeting is one of the most important. You need to make sure that you and the attorney can work together.
If you’re not honest with the wrongful dismissal lawyer, then it’s not going to help your case. If you’ve done anything wrong that can justify their actions, then you need to tell your legal counsel. They will be upfront and honest and tell you if you have a claim. You don’t want to waste anyone’s time if it’s not a clear-cut case.
Everyone thinks their claim is unique. However, wrongful termination attorneys handle these situations every day. They know what direction to go to be the most effective.
Your Compensation Amount
Since you’re without income, the first question on your mind is how much money you can get from a wrongful termination case. Each situation is different. In most cases, the claim is worth more than you think. Your wrongful dismissal lawyer will come up with a number that includes your basic wages, any bonuses you might have received, promotions, and your retirement package. Additionally, you can be reimbursed for any pain and suffering that has occurred from the lost wages and emotional turmoil.
Common Wrongful Dismissal Causes
It’s not uncommon to feel that your wrongful termination was personal. While not easy to prove, witness testimonies and any video recordings can be used to help prove the case.
Many cases have uncovered discrimination or harassment at the core. These are not justifiable reasons to let someone go. When it comes to discrimination, the most common types are as follows:
- Sexual Orientation
- Disability or Medical Problems
- Marital Status
- Personal Matter
Discrimination is challenging to prove, and harassment can be a part of it. So many times, employees are being harassed by management or other colleagues, and don’t tell anyone. Any reports, written or verbal, can be used to help prove your case. Unfortunately, many endure the abuse and don’t want to say anything. Harassment is considered anything that is said or done that makes you feel uncomfortable or hurts you. Some examples are:
- Offensive Jokes
- Racial Slurs
- Texts or Pictures of an Inappropriate Nature
- Verbal or Physical Assaults
If you’ve stood up to a fellow employee because of harassment or discrimination and you feel you were fired for making waves, then you could have a claim. Many times, management would rather get rid of the person complaining than to deal with the issue at hand.
Illness or Pregnancy
Employers don’t like to deal with people who have ongoing medical issues or are pregnant. When a person is gone from their position, it means that others must fill-in during their absence. Additionally, if the person with the issues was a long-time employee, then they have benefits that require the company their salary plus someone to replace them. There are many claims of wrongful dismissal that stem from pregnancy or ongoing illnesses.
A person cannot be fired, demoted, or replaced when they are on medical or maternity leave. There are workplace human-rights that protect employees. Even if they try to claim that the dismissal is not related to pregnancy or illness, there are ways to prove that it’s a significant factor.
Probably the lowest and dirtiest causes of wrongful dismissal occur when a person is close to retirement age or about to receive another substantial bonus. It’s heartbreaking to think that a company can let you go after years of dedicated service. However, it happens all the time. Ageism is a serious matter, and it may be hard to replace a job at that level. The lost income from pensions, bonuses, investments, and potential wages can be substantial.
Making The First Step
These are just a few of the many reasons why you might find yourself in a wrongful dismissal situation. If you feel that you’ve been unjustly let go from a company that you’ve dedicated your service too, then you need to speak to an attorney. Call our offices to speak with a wrongful dismissal lawyer. You may qualify for compensation.