Are You a Victim of Unfair Dismissal?

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Did you know that, according to Australia’s Fair Work Commission, 70.4% employers admit that they are deeply concerned about unfair dismissal claims? American companies face the same challenges, and wrong dismissal cases in the U.S. are increasing dramatically, according to the Equal Employment Opportunities Commission (EEOC). What constitutes wrongful dismissal, and what should employees know about filing wrongful termination claims?

What is Unfair Dismissal?

Unfair dismissal, also referred to as wrongful termination or wrongful dismissal, entails a violation of company policy, or sometimes even laws, when terminating an employee. Most wrongful dismissal claims, unfortunately, do not have much merit. Why? Wrongful dismissal can only occur under two circumstances: first, if an employee and employer have a contract, and the employer breaks the terms of that contract; second, if companies violate federal laws, such as discrimination and equal employment laws. The majority of employees work “at will,” meaning that employers do not have to give reasons for termination or dismissal.

Some examples of strong cases for unfair dismissal include being fired on the basis of gender, age, race, sexual orientation, pregnancy, nationality, ethnicity, family status, disability, veteran status, and genetic makeup. Most states will protect employees dismissed shortly after filing workers’ compensation claims, or reporting a violation of laws or legal protections at work.

How Do Employees File Unfair Dismissal Claims?

What are your rights as an employee? How do you file for unfair dismissal compensation?

  • According to the EEOC, any employees reporting unfair dismissal on the grounds of discrimination must – first and foremost – file a Charge of Discrimination. In special cases, a third party may file the claim to protect a victim’s identity.
  • Know important deadlines. Deadlines for filing and investigating claims may vary on a case-to-case basis.
  • Talk to someone you can trust. Most cases require some form of mediation. Consult with trusted wrongful dismissal lawyers to better understand your circumstances and rights. Wrongful dismissal lawyers often bring experience, and knowledge of current law and cases, to the table.

Know your rights as an employee. If you believe that you are the victim of an unfair dismissal, follow due process, know important time restrictions, and consider seeking out legal advice. See more.

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