Due to the ever changing economy and high inflation rates, employee retrenchment is no stranger to any business. From Major firms and corporations to small start-ups and businesses. Sometimes, your employment is not as secure as you think.
The companies who have managed to keep and increase its employees seem to have good work environments complete with a good HR department. But in some cases, your employer or boss may seem to have something against you.
You try to maintain a level of mutual respect but somehow, it doesn’t work. Your boss seems to constantly and unfairly treat you compared to your colleagues. Next thing you know, you receive a dismissal letter from the HR department terminating your employment contract. This are some of the reasons that would make your dismissal be term as ‘wrongful’.
‘Wrongful’ termination by your employee
In some cases, reasons for termination are legitimate, as the employer has the right to fire anyone who violates the company’s policies. Drugs usage during office hours, poor work delivery and constant lack of punctuality are some of the top reasons for fair dismissal. However, wrongful dismissal is considered when ones work contract is terminated because of the following:
· Retaliating to another employee’s personal complaint that may not be true or may have been set up on false evidence
· Reasons that are in violation of the state and federal laws on anti-discrimination
· Threats and cases on sexual harassment by the employer or senior employees
· Dismissal in violation of any labour laws included in the constitution
· Termination in violation of any standard employment agreement and termination procedures that may be written or orally done
· Refusing to commit an illegal act on behalf of the employer
How to deal with wrongful termination
1. Do not act on impulse and revise your contract
Even though you might be confused or agitated, it is important that you do not retaliate or do anything negative to the employer. This may land you on the wrong side of the law which consequently leads you to quadruple the problem you had in the first place. Instead, spend time to peruse through your contract, noting down the violated terms of procedure and agreements made with the employer.
2. Inquire about reason for termination
It is important that you fully understand the reasons why you were fired. This will help you build a case against your employer in case the reasons are not as per the agreements in your employment contract.
3. Return all company property and belongings
This is crucial as it may lead to a breach in contract as you are no longer an employee of the company. Do not however allow to be intimidated or threatened but do not react impulsively. This is necessary for you to build a strong case and will tremendously help the final and last step
4. Find legal counsel
Contact Employment Lawyers, a workers union or a personal or family lawyer conversant with wrongful dismissal. They will assist you in the legal procedures that are required to build a case against your former company. They will help you draft legal documents that will allow you to obtain information that may have been barred from you before and launch an investigation. It is however important that you are completely honest about the reasons of termination because if any verified and factual evidence is found against you, you will have to face the law.