Every employee has their rights. It is important for you to understand your rights as an employee if a certain company. There are various employee national unions that ensure the rights of employees are not violated. Some of those rights include the right to a safe working environment, the right to fair remuneration, the right to compensation in case of an injury at the workplace, the right to damages when an employee is dismissed, among other rights. If an employer violates these rights, the employee has the right to use the employer. In this article, you are going to learn about the role of a wrongful dismissal lawyer.
Wrongful dismissal, wrongful discharge or wrongful discharge is when an employer terminates an employee’s contract of employment and the termination is in violation of one or more of the statute providing for employees, the rules in employment law, or the contract of employment. You also need to know that the laws that relate to wrongful dismissal of employees vary from one jurisdiction to the other. There are various forms of wrongful dismissal an employer can commit. If an employer discharges you from employment based on discrimination in the form of nationality, race, gender, religion, age, among others, it constitutes wrongful termination of employment. If the employer dismisses an employee because he or she did not accept to engage in illegal activities, then that is wrongful dismissal. Firing an employee who reports any violation of the law to the relevant authorities also constitutes a wrongful discharge of an employee. However, there are other times when an employee is permitted by law to terminate an employee. Hard economic times being faced by the company can lead to laying off a number of employees so that the company can afford to retain a few employees.
A dismissed employee is entitled to get damages in lieu of notice. There are other times when an employee does not have to give the dismissed employee any damages. This happens when an employee is terminated from employment for being involved in fraudulent activities like stealing vital company assets. If the employee is on the wrong, then the termination cannot be considered as wrongful dismissal.
In case an employer dismisses you wrongfully but is not willing to pay for damages, you are entitled to sue them in a court of law. You should also make sure that you get a wrongful dismissal attorney. The court will help you calculate the amount you are supposed to receive in form of damages in lieu of notice. The court will decide what you are to get before termination and for the notice period. There is no fixed amount to be awarded to an employee for damages in lieu of notice. The court considers several factors when calculating the amount you are supposed to receive, for example, your age, the position you were holding, your years of service, among other factors considered relevant in your case. A wrongful dismissal lawyer is vital because he or she will make sure that you get a fair settlement in your case.