Wrongful dismissal is also known in the world of employment and human resources as wrongful discharge or wrongful termination – all of which are completely illegal. So what are your legal rights with respects to a wrongful termination in the workplace, and under what situations is it wrong to be terminated under laws in your country and/or state?
Wrongful dismissal, or wrongful termination is formally defined as a situation in which employment ends under circumstances directly related to terms including but not limited to: whistleblowing/retaliation, discrimination, refusing to commit an illegal act and/or firing outside the agreed terms of employment. All of these are illegal to fire an individual for under certain state laws and regulations.
Employers try to stretch their way around a wrongful termination by having a waiting or probationary period before any terms of employment are bound and legal. This gives the employer an opportunity to evaluate an individual’s work prior to formally hiring them. Although, research has proven that over seventy percent of wrongful dismissals happen between six months and three years after the initial hiring process, therein, after most probation periods may occur.
Also, in certain ‘right to work’ states, it is often the case that an individual can be fired for any and all reasons – and, without reason in some cases. Some of the right to work states currently include that of Arizona, North Dakota, South Dakota and Iowa. Although, even with this being said, it is always advised that an individual contact a local employment law expert to better understand rights that fall under your particular state.
With respects to losses in a wrongful dismissal situation, there are several types of damages that can be claimed immediately and over time. These may include, but are not limited to: loss of wages, future wages, damage to reputation, emotional trauma or distress, pension, bonuses, overtime, commissions, vacation time, and other costs. Being wrongfully dismissed is not legal, and is not ‘OK’. Every person who travels through one of these devastating scenarios has the legal right to file a claim.
Discrimination is one of the most filed claims in the United States, with respects to wrongful termination. These claims take up more than half of the claims submitted each year regarding illegal and wrongful dismissal. This can be based on that of nationality, sex, religion, race or age, or in some states – sexual orientation.
Although, whether you were terminated wrongfully regarding discrimination or any of the other protected categories under law, consult with your Brownsville employment law attorney at first opportunity. This professional can let you know where you stand with your case, and if you choose to proceed, they will support and assist you throughout the entire process.
Jeff Davis is the Owner of the Davis law firm and a highly experienced Brownsville employment law attorney. To find out more information about a Brownsville employment lawyer, please visit www.jeffdavislawfirm.com.