The unfair dismissal have far-reaching repercussions that impact all parties involved – employee, employer and the business alike. An unlawful firing may wreak havoc on everyone involved including themselves and any customers they might bring into the organization.
Employers sometimes employ devious justifications when it comes to terminating employees, and employment attorneys are well equipped to uncover such schemes in court.
Pretextual Terminations
Being terminated can feel like losing a game of chess when you are the lone pawn left standing, but even seemingly unfair termination decisions can be overturned with hard work and persistence. Knowledge, evidence and legal advice may all play a part in uncovering any hidden motives for your unfair firing.
Pretextual termination tactics involve supervisors creating false justifications in order to fire an employee, such as making up excuses like declining performance or less productivity due to company restructuring. But in reality, employers may use such excuses for discriminatory purposes like pregnancy bias or gender bias.
To uncover these motives, it is critical to carefully review all written communication surrounding a termination and look out for inconsistencies or red flags that suggest there could be false motives behind an employer’s actions. Once you have the evidence in hand, file a claim with the Equal Employment Opportunity Commission and let them do their magic!
Discrimination
Though many employers think they have the right to terminate anyone for any reason, it’s essential that employers remember discrimination is illegal. Not only is it wrong for an employer to fire someone because of their race, gender, religion, disability pregnancy or political views but retaliatory firing may be prohibited too if someone lodged legal complaint or exposed any misdoing by being let go in retaliation for filing legal complaint or any kind of wrongdoing brought forth against their company.
Discrimination may be hard to prove, yet it’s essential for individuals to recognize it when they lose their job. Individuals who have been unlawfully terminated may decide to file a lawsuit against both their former employer, manager and any members of management involved – in such instances the business could end up footing any fines determined by organizations such as EEOC for breaking any applicable laws; although these fines usually don’t provide financial benefits to anyone directly involved, but may help deter future violations of law.
Breach of Contract
If an employee was fired without complying with their employment contract, their dismissal may have been illegal. Employers typically offer workers either verbal or written agreements that outline all relevant details regarding the relationship.
If an employee believes they were fired in violation of the contract terms, they may have grounds to file a wrongful termination suit against their former employer. It’s essential for anyone believing they were treated unfairly to consult an attorney as soon as possible in order to determine whether their claims for compensation can be successfully pursued.
Anybody involved in an unlawful termination should be considered suspect, including individuals involved with its implementation and managers and supervisors with power over other workers in a company. Fired employees may choose to file suits against not only their employers and managers but also the whole business in which their termination took place.
Retaliation
Employers in the US generally have an “at will” employment system where employees may be fired at any time; however, employers are prohibited from firing employees for reasons that violate federal or state antidiscrimination, labor or safety laws. Failure to adhere to such laws would constitute retaliation and could give rise to legal claims from affected workers.
Retaliation takes many forms, such as demotion or reduction in salary, shift changes to work duties or schedules and docking of pay. When employers make such changes after an employee complains, it could be meant as punishment and could attempt to discourage further action from them. If an employee suspects retaliation against them it’s essential that they keep an accurate log of communications related to their complaint as well as gather historical information like positive performance evaluations from previous employers; if these negative actions only occurred after they lodged their claim they could file wrongful termination claims against their former employers seeking compensation for lost wages and job hunting costs from them as well as lost pay from them and potential future employers if necessary.