What qualifies as wrongful termination?

What qualifies as wrongful termination?

It doesn’t matter what you do for a living if you’re employed you have a contract that specifies your job description and the amount of notice you can be given. The idea behind this is to give you some security and help to build loyalty with your employer.

Unfortunately, this isn’t always what actually happens. In some cases, your employment is simply terminated. The good news is that it doesn’t matter if you know the reason or not, terminating employment without following due process is immediately classified as wrongful termination.

You’ll need to click here and get some legal help to deal with the situation.

In a nutshell, wrongful termination is the ending of your employment contract without falling due process.

Due process should be defined in your contract, the basics are allowed for in employment law although your employer may have tweaked the process.

The usual process is to summon an employee to a meeting to discuss an issue and give them an opportunity to improve within a set timescale. If the required improvement doesn’t happen then you should have another meeting with a further period for improvement.

If the expected improvement still does happen it is acceptable to dismiss the employee with notice.

The rules do change if the employee is suspected of serious misconduct, but there is still a process to be followed.

It is also wrongful termination if your employment is ended because of one of the following reasons.

  • Temporary absences thanks to illness or injury
  • Membership of a trade union
  • Being an employee representative of any type
  • Race, color, sex, age, physical or mental disability, or even sexual orientation
  • Absence during maternity leave or paternity leave
  • Absent from work due to voluntary engagement in emergency services
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It doesn’t matter if you’re looking to find out more about website design during your working day, or if you’re ten minutes late every morning. It is not fair to simply terminate an employee. The process mentioned above must be followed and, if it isn’t, then the company can expect an action to be filed against them emphasizing unlawful termination.

It is worth noting that the unlawful termination action should be filed within 21 days of the termination.

Actions That Justify Termination

Gross or serious misconduct does warrant a faster process to terminate an employee. However, it is important to note that even this must follow a set process. The employee must be made aware of the allegations against them and be given the opportunity to defend their actions, or even question the source of the information.

It is essential than any process like this is handled fairly, because if it’s not the company will be likely to face unfair dismissal charges which could result in job reinstatement or a hefty payout. It doesn’t matter if the decision to terminate was in the best interests of the company, the process of termination is as important to avoid unlawful termination lawsuits.

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