No matter what sort of working arrangement you are in, you are afforded a certain number of rights. As long as you perform your job duties as required, no issue should arise. However, not everything is as it seems. Sometimes, this working arrangement may go south between yourself and your employer.
The end result may be your dismissal, albeit in an illegal manner. Wrongful termination is a very common occurrence, and can happen in almost every industry. The context of wrong termination is very specific, and all parties in the working arrangement should be aware of it.
Let’s discuss what qualifies as wrongful termination in the workplace:
What qualifies as wrongful termination?
There should be some clarification and understanding of what exactly wrongful termination is. Legally, it describes a situation in which an employee, or some other type of worker, is fired for an unjust reason. Wrongful termination can be the source of many circumstances, most of which may be discriminatory in nature.
Or, an employee may be fired as a result of retaliating against an illegal practice in the workplace. Whatever the case may be, there are a number of appropriate situations in which the dismissal can be illegal. However, most of the time, these circumstances are very specific.
Discrimination
Discrimination is one of the most common incident that qualifies as wrongful termination. As mentioned previously, wrongful termination can be the result of someone being fired for unjust reasons. Most of the time, these reasons are predicated on some sort of discrimination at play within the workplace. Discrimination can occur in a number of ways, all of which can be harmful to the employee.
For example, someone can be fired as a result of their race or religion. Should this be the case, it is a prime justification for a wrongful termination case. The employee in question should have the requisite material on hand to boost the viability of their case. That way, an amicable outcome can be reached.
Law compliance
Thankfully, there are a number of situations in which wrongful termination can be proved according to the law. Local anti-discrimination laws clearly outline what qualifies as an illegal dismissal. Should you need any consultation on your rights as a worker, you should look to your local laws for guidance.
One great example of the law being an aid comes by the way of ageism. Ageism is another form of discrimination, and an employer cannot discriminate against you for being a certain age. If they do, employment law helps the employee in question out. You should consult with a top employment lawyer Toronto to help you understand your options legally.
Sufficient notice
Sometimes, the employer may not provide the worker with enough time in being let go from their job. If the dismissal was rendered illegal, the employee can file a wrongful termination case. This is because there should always be sufficient notice given to an employee, if it is stated in a contract.
Post-termination
Another common misconception regarding wrongful termination revolves around next steps for an employee. For the most part, an employee may be wondering about what sort of action must be taken on their end. Suing the employer for wrongful dismissal is possible, despite popular opinion.
Breach of Contract
In some working arrangements, there may not be a documented contract at all. However, wrongful termination can still occur, and there may be factors present to prove its occurrence. In this light, it is imperative for the employee to have documented pieces of evidence.
Without the right types of evidence on hand, it may be hard for a legal representative to help your case. No matter if it is a direct statement, or something circumstantial, the more proof you have, the better!
