While any firing might feel unfair, there are cases where it really is unfair. How do you know if yours was really unfair? Here is what you need to know about wrongful dismissal.
What Is Wrongful Dismissal?
Wrongful dismissal is when you are terminated from your employment without any due process or if it violates your contract. This may also be referred to as an unfair dismissal. What exactly constitutes as wrongful dismissal? In most cases, employees accept a job at will and so there is no need for the employer to have a reason to terminate the contract. However, there are some situations where you have a case for wrongful dismissal and in these instances, you may need to rely on Toronto wrongful dismissal lawyers. There is a lot to know about wrongful dismissal.
What Constitutes as Wrongful Dismissal?
One of the most common reasons that someone might pursue a wrongful termination case is when discrimination is involved. While employers do not have to have a reason to fire an employee, they cannot fire them for a list of protected reasons. You cannot be fired due to your race, religion, nationality, religion, gender or age. In addition, you cannot be fired if you are a whistle blower. Here are some other reasons why you may be fired where it would be known as wrongful termination:
- Refusal to perform an illegal act
- Violation of public policy
- Constructive discharge
- Breach of contract
- Violation of company policy
When you think that you might be wrongfully terminated, it is also important that you look at your employment contract. Sometimes, there may be conditions that you forgot. These conditions can sometimes help you prove wrongful dismissal.
Are There Wrongful Dismissal Laws?
There are no technical laws that offer protection to employees when it comes to wrongful termination. However, there are state and federal laws that don’t allow for employee discrimination. Then, in addition, your employer is bound to the contract that he or she signed. If he or she breaks it by firing you, then you do have a case. In addition, there is something called constructive discharge. This is when your boss or colleagues make your work environment unbearable to force you to leave.
When it comes to wrongful dismissal, you usually have a case if you feel like the employer discriminated against you. In most situations if an employer terminates your employment because you are a part of a protected class, you have a case.
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