If you have been recently terminated from your place of employment, you may be wondering if you are a victim of an unfair dismissal. To understand whether your employer wrongfully terminated you, you must first understand what a justified termination is. An employer has the legal right to terminate an employee for such violations as attendance policy violations, breaking company policies, misconduct, insubordination, sexual harassment, and drinking or using drugs on the job. If your employer has terminated you for any of those reasons, you will most likely not be eligible for a wrongful termination suit.
At Will Employment
Many employers currently hire their employees with an understanding of on will employment. At will employer means that the employee may resign at any time that he or she sees fit. At will employment also infers that an employer can terminate an employee for any reason at any time. Such an arrangement protects the employers in most cases. However, even with at will employment, an employer may not terminate an employee in some situations. Any person who loses a job under those special circumstances may be eligible to file a lawsuit against the employer. The person may be able to receive monetary compensation and reinstatement of a lost position.
An employer that terminates an employee due to race, religious beliefs, age or gender could be subject to a lawsuit. An employer who fires someone because he or she utilized medical benefits is also subject to a lawsuit. Additionally, any employer who terminates a pregnant person because of her pregnancy may have to answer for it in a court of law.
To determine whether one’s termination qualifies as an unfair termination, the victimized party must contact an employment advocate like unfairdismissalspecialists.com.au and schedule a consultation. During the consultation, the parties will discuss the events that lead to the termination. The person should keep all documentation, recordings, emails and other information handy to give to the attorney. If the person can prove that the employer fired him or her while that person was under a protect class, the employer will lose the suit.