When an employer discharge its employee against the provision or rule in employment law where the employee’s contract of employment is terminated- is called wrongful termination. Such type of dismissal may be vary according to the terms of the employment contract and under the public jurisdiction. In other words, when an employee feels no choice but to resign from employment that result from the employer’s violation of the employee’s legal rights. An employee can be fired on the basis of gender ethnic background, religion or disability.
Wrongful termination is difficult to prove because most employees are at will employee. At will employees, the employee who can quit at any time, for any reason as well as an employer can terminate the employee at any time for any reason. Therefore the employees are considered to be at will if they have no employment agreement where it states otherwise. If a company sets out a particular policy as mentioned in its manual then that policy must be followed by each employee.
When an employee is terminated in violation of law even if they are at will employees can be wrongfully terminated. Such termination known as an illegal firing.
There are many laws against illegal fire that limit the reasons and such termination comes under violations of Title VII of the Civil Right Act of 1964.
An employer is liable not to force an employee to work illegally protected actions and if they do so it is treated as retaliation. For instance if an employee force to work overtime without pay then employee liable to file a complaint with his state labour commission. In such circumstances an employee has a legal right to file complaint under the relevant act. Wrongful termination is a civil cause of termination and an employer may have to fulfil the damages of such employee resulted due to wrongly termination.
If you believe that you have been terminated wrongfully it would be advised you to contact an attorney immediately because working with an attorney will help you determine your case of wrongful termination. They also help you to gather require documents as well as the evidence as per the case.
Steps that can help after being fired
If you have been fired, following steps may help you to improve your position.-
- First of all contact to an employees’ right lawyer for proper advice and representation.
- Don’t act on any negative manure against your employer.
- Gather evidences based on the promises made by the employer.
- In case you have an employment contract, go through the all provisions of the agreement.
- Find out the reasons of fire why your employer terminated you.
- Identify the person who decided to fire you.
- Negotiate a recompense package.
- All agreements in respect of your termination should be in writing.
- If you have any company property provided during you service return it immediately and follow any other common procedure.
- Do not accept the employer’s first offers, refuse it if it possible.
- Take time to think over the offers from the employer.
We have a devoted team having years of experience deals in such cased. We are welcome you to resolve such issue with your full satisfaction.
- Employment agreement
- Job offer letter
- Termination/resignation letter
- Past payslips
- Any written/ recorded communication with the employer regarding the matter