If you experience discrimination in your office or if you have lately been fired for an unlawful reason, you can take legal action against the employer. You can also file the case against your boss, even if you are dismissed from your job “for cause.” Because unlawful termination action is wrong and involve complicated legal proceedings. If you are facing such problems in your workplace, you must ask for the advice of an employment lawyer.
In this post, we will give you information on unlawful termination and how an employment lawyer can help you.
Unlawful Reasons for Termination
An employer has a right to terminate the employment of an employee at any time, for any valid reason. The exception, though, is an employer can't legally fire anyone for a reason that breaches an employment contract or violates the law. The unlawful reasons for termination include firing in violation of state or federal anti-discrimination law, dismissal in retaliation for a worker’s complaint against the employer and firing in violation of an employment contract. If you are fired for any of the above mentioned unlawful reasons, you should find out an to help you out.
It is a legal written document that contains all the important terms and conditions of an employment relationship between an employer and employee. It comprises the right and responsibilities of the worker and the boss. So, if are hired under a signed agreement, your boss must have conformed to the contract’s provisions. If your contract explicitly tells the reason for which you may be dismissed from the job, your employer cannot fire you for a reason that is not included in the agreement. This will make your case stronger against your employer.
Generally, in many companies, an employer distributes workplace discipline policies and procedures through a handbook. This employee handbook contains all the behavioural policies that need to be followed in the workplace. If you had to lose your job because of unlawful or irrational causes, an employment lawyer will work with you to find if your boss failed to follow the discipline policy. In that situation, an implied contract has been breached by your employer.
If you were fired because of the stated performance issues, your employment lawyer will check whether your other co-workers were fired for the same problem. If not, your lawyer will search evidence that suggests your boss is treating you differently on the ground of legally protected status, such as your colour, race, age, ethnicity or disability. Your lawyer will seek evidence to prove that the stated reason for termination is not true and file a human rights complaint.
While evaluating your case, your employment lawyer will also check your financial losses. In an unlawful termination case, you may recover all the damages, including lost pay, lost benefits, mental trauma compensations and other potential punitive damages. Also, if you win your case, you may also be entitled to lawyer’s fees.
If you think you have been unlawfully fired, it's vital to speak with an employment lawyer. The legal process can be very challenging, and your attorney will give you the best advice. Moreover, an employment lawyer will ensure whether your severance or termination package is fair or not.