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Learning about Employee Termination Rights is key to employees who are suddenly or unfairly fired. To be rendered jobless without reasonable cause may be stressful both emotionally and financially, however the law offers various safeguards that would guarantee that one is treated fairly. The employees have a right to appeal such decisions whether due to discrimination, absence of due process or breach of company policy. See What Counts as Unlawful Termination. Being familiar with actions to be undertaken like collecting evidence, filing complaints, or even compensation would enhance your odds of achieving justice to a large extent. This guide discusses what your rights are, and what you need to do as soon as you have been wrongfully terminated. For more labour rights insights and workplace updates, visit our Labour Rights page.
What Are Employee Termination Rights?
All workers have legal rights to fair treatment at work. Employee Termination Rights entail being given due notice and no form of discrimination, as well as policies within companies. Before an employer displaces an employee, he/she has to adhere to the lawful procedures. This is in the form of legitimate documentation, performance warnings and objective review process. In case of failure to follow these steps or termination that seems unfair or discriminatory against the employee, the employee has an opportunity to challenge such a decision in the court of law.
Common Reasons Behind Unfair or Wrongful Termination
Unfairly fired is usually due to causes that are not legal. These include:
- Firing due to gender, religious faith, caste, disability, age, or marital status.
- Revisitation against claims made against the employer based on harassment at the workplace or safety.
- Termination without written termination records or written warnings.
- Firing during medical leave or pregnant.
- Personal prejudice or internal politics.
In case any of the following conditions are used, termination can be deemed as illegal.
Read also: What is Wrongful Termination in Europe
Steps to Take Immediately After Being Unfairly Fired
1. Request Written Reason for Termination
Never fail to request your employer to give a written explanation. This aids in determining whether termination was conducted in due process.
2. Review Your Employment Contract
Your contract usually refers to the procedures of dismissal, period of notice and compensation. In the case where the employer breaches such terms, you may dispute the act.
3. Collect Evidence and Documentation
Get emails, performance reviews, text messages, HR reports and witness statements that demonstrate that you were unfairly fired.
4. File a Complaint with Labour Authorities
When internal appeals are unsuccessful then you may appeal to the labour commissioner or other tribunals by submitting a complaint over wrongful termination.
5. Consult a Labour Lawyer
A trained professional in Employee Termination Rights will offer advice on compensation, reinstatement or claims.
Your Legal Remedies
Wrongfully dismissed employees may receive:
- Their reinstatement to the former position.
- Compensation for lost wages
- Damages for mental distress
- Settlement on the company violations.
Your rights help you to strike back against unfair treatment.
