Did you know that, according to the Equal Employment Opportunities Commission (EEOC), wrongful dismissal cases are dramatically increasing? Australia’s Fair Work Commission, moreover, reveals that 70.4% of Australian employers admit that they are deeply concerned about unfair or questionable terminations. These problems are just as pressing in the U.S. What is unfair dismissal, and what should employees know about filing a wrongful termination claim?
Defining Unfair Dismissal
For the most part, wrongful or unfair dismissal can only happen under two circumstances: 1. If an employer violates the terms of a worker’s contract, or 2. Grounds for termination break local, state, or federal laws. For example, you may be eligible for wrongful dismissal compensation if your employer breaches equal employment and discrimination laws. It is illegal for any company to terminate you based on race, gender, ethnicity, pregnancy, family status, sexual orientation, veteran status, disability, and/or genetic makeup, according to the EEOC. Most employees also have a strong case if they are fired shortly after filing workers’ compensation claims.
Keep in mind, however, that most employees work “at will.” Employers do not have to provide explanations when terminating at will employees.
Do You Have a Case?
Making a strong case for wrongful or unfair dismissal depends on being knowledgeable and prepared. Follow these basic guidelines for filing an unfair dismissal claim:
- File a Charge of Discrimination. According to the EEOC, employees should always start by submitting a Charge of Discrimination. In rare cases, a third party may file the claim to protect a particular individual’s identity or privacy.
- Meet important deadlines. Claims may have certain time restrictions or deadlines. Make sure you know important dates, and know that they may vary on a case-to-case basis.
- Get legal advice. Getting compensation after being fired can be complicated and messy. Talk to wrongful termination lawyers about your rights as an employee. Wrongful termination lawyers often bring specific experience to the case.
Do not let yourself be a victim of unfair dismissal. Know your rights, know what constitutes an unfair dimissal, and talk to wrongful termination lawyers to strengthen your claim. Visit here for more: St. louis personal injury lawyer