Wrongful Termination

What is Wrongful Termination?

Wrongful termination also known as unfair dismissal, occurs when an employer fires, dismisses, or eliminates an employee without offering any justification. Such a termination implies a reputational risk for the employer in the marketplace.

What are the different types of wrongful termination?

Termination for any of the following reasons could be considered wrongful:  

1. Discrimination

An employer may not fire an employee because of their race, nationality, religion, gender, age, or (in some countries) sexual orientation.  

Read more about: Systemic Discrimination

2. Retaliation

An employer cannot terminate an employee who has filed a discrimination claim or is cooperating in a discrimination investigation.

3. Reporting a Legal Violation to Government Authorities

Also known as a whistle-blower law, an employee who is protected by a whistle-blower law may not be dismissed for reporting a legal violation by their company or for comparable behaviour covered by the law.

4. Refusal of an employee to commit a criminal act

An employer is not allowed to fire an employee simply because the person refuses to engage in illegal behaviour.  

The company's own termination processes are not being followed by the employer: In some circumstances, the method for terminating an employee is outlined in an employee handbook, corporate policy, or collective bargaining agreement. If an employer fires an employee without following the proper procedures, the employee may be able to file a wrongful termination lawsuit.

How do you prove wrongful termination?

1. Gather evidence

Documenting the incidents will help you analyse them objectively. Record any interactions, written communications, or other proof that backs up your assertion.  

2. Proceed with caution

Avoid discussing your condition at work or with co-workers, whether or not you are still employed.  

3. Conduct research

It's critical to learn everything you can about wrongful terminations and the circumstances surrounding your case. Conduct extensive study to see what possibilities are accessible to you.

4. Engage the services of an attorney

It may also be beneficial to obtain legal counsel. Find one that will provide you with a free consultation to see whether your situation meets the legal definition of wrongful termination and to explain your legal options.

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