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Have you ever been fired from a job and felt your employer’s action was unjustified? Certain laws protect employees in the workplace. You must know your rights in case of wrongful termination.
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If you are considering taking legal action against your former employer, it is critical that you contact employment lawyers in Sydney or your nearest city. Find attorneys with experience in employment law who can provide you with the knowledge and resources you need to protect your rights and get the justice you deserve.
Note to business owners: While this article on wrongful termination is written for employees, it holds useful information for you, too. Read this as a cautionary tale.
The issue of wrongful termination is an important one for both employers and employees to understand. No one wants to lose their job without just cause, but unfortunately it happens. Termination from a job can have severe financial and psychological effects on an individual. In this article, we’ll discuss what wrongful termination is and how to determine if you were let go illegally.
What is Wrongful Termination?
Losing your job can be a challenging experience, and it can be even more difficult if you believe you were wrongfully terminated. Wrongful termination, also known as constructive dismissal, is the failure of an employer to provide a legal cause for the termination of an employee.
Most countries have laws that protect employees from wrongful termination. Employers must provide a legal cause for the dismissal to avoid any potential legal ramifications. In wrongful termination cases, employees have the right to seek legal recourse.
Common Reasons for Wrongful Termination
One of the most common reasons for employees to lose their jobs illegally is discrimination. Under federal law, it is illegal to discriminate against an employee based on race, color, religion, sex, age, disability, or information.
Retaliation is another common reason for wrongful termination. If an employee makes a formal complaint against their employer, such as filing a sexual harassment claim, it is illegal for the employer to retaliate by firing the employee.
Employers may also be liable for wrongful termination if they fire an employee for attempting to exercise their legal rights. For example, if an employee attempts to unionize, an employer cannot legally terminate them for this action.
Finally, employers should also be aware that they may be liable for wrongful termination if they violate an employment contract or even an implied contract with an employee. Contracts may contain specific language that outlines the conditions of the employee’s termination. The employer may be liable for wrongful termination if an employee’s dismissal does not meet these conditions.
How to Protect Yourself as an Employee
Constructive dismissal occurs when an employer’s actions force an employee to resign or leave their job. For example, an employee may feel forced to resign because of a change in job duties or an intolerable working environment. In these cases, it is essential to keep notes of any disciplinary actions taken against you by the employer. Your attorney can use your notes to prove that the termination was unjustified.
In addition, employees should also keep records of any complaints they make regarding harassment or discrimination. If an employee pursues legal action against the company, and the company retaliates by firing them due to the complaint, they will have documented proof of the complaint.
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What Can You Do if You Were Wrongfully Terminated?
First and foremost, if your employer has wrongfully terminated you, contact an employment law attorney as soon as possible. Most wrongful termination lawsuits must be filed within 30 days of the discharge. Therefore, it’s important to act quickly.
If your employer fired you illegally, you must provide proof of such. Such proof might consist of emails or other documents demonstrating the employer’s wrongdoing. You may have a case if you can establish gross negligence or other guilt. An experienced attorney can help you assess your case and prepare for legal action if that’s your decision.
Constructive dismissal can be a devastating experience, but you don’t have to go through it alone. Taking the right steps can protect your rights and ensure that justice is served.
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