Do you have a case for wrongful dismissal? Australia’s Fair Work Commission (FWC) estimates that courts dismiss 76% of applicants unfair dismissal claims (preemptively ruling that cases have no merit). The numbers are not much different in the U.S. American workers rarely win wrongful dismissal cases, and failed attempts may draw negative attention from future or prospective employers. Raise these important questions before filing:
Were You Employed At-Will?
First and foremost, potential filers need to be realistic about employee laws and rights. Nearly all U.S. companies employ workers at-will. At-will employees relinquish rights to refute termination in all but extenuating circumstances. Management can legally dismiss at-will employees at any time, for any reason. What are the few exceptions?
It is illegal for employers to dismiss workers on grounds of race, gender, age, sexual orientation, ethnicity, pregnancy, nationality, disability, family status, veteran status, or genetic makeup. If supervisors terminate employees shortly after filing workers’ compensation claims, workers can often make a strong case for unfair dismissal. Finally, you may be due wrongful dismissal compensation if your employer asks you to do something illegal and fires you for refusing to do it.
Did You Sign A Contract?
About.com states it plainly, “Employees who have an individual contract with their employer or employees covered by a union/collective bargaining agreement would be covered under the stipulations in the contract if their employment is terminated.” You are much more likely to receive wrongful dismissal compensation for violation of a contract, and sometimes for violations of company policy. Keep in mind that most companies also offer severance packages for laid off employees. If employees do not receive severance promised to them, they should contact a lawyer.
Wrongful termination or dismissal can leave employees without a source of primary income. If you believe you were wrongfully terminated (either on legal or contractual grounds), ask employment lawyers whether you have a strong case for unfair dismissal. Learn more at this link: St. louis employment attorneyby