Legal Tips Trending

6 Wrongful Dismissal Examples Show Why Do You Need An Employment Lawyer?

Having a good job that is able to provide you with an income so you can support yourself and your family is very important. If you have a job and are fired from it, there is a chance that you could have a wrongful dismissal case on your hands.

While most employers have the right to hire and fire employees at will, there are six examples of wrongful termination that are illegal.


Fired for Being Member of Protected Class



When it comes to employment law and wrongful termination, the vast majority of lawsuits have to do with being terminated due to being a member of a protected class.

If you feel that you have been fired due to your race, sex, religion, age, or another protected class, you should speak with an employment lawyer to discuss your options as this is an obvious case of wrongful termination. The lawyer will be able to help you better understand your case and help you proceed.


Protected Time Off

All employers are required by law to provide their employees with unpaid time off for certain situations. For example, under FMLA, employers are required by law to provide new mothers with up to 12 weeks of unpaid time off after giving birth. Employers are also required to give unpaid time off to military members.

If you feel that you were fired due to a pregnancy or because you had to take time off for military purposes, your employer could be in violation of these laws.


Unsafe Environment



In some cases, you can even file a wrongful dismissal case if you leave voluntarily. If your employer does not provide you with a safe environment or you are harassed at work, you may feel that quitting is your only option. In these cases, you could consider filing a wrongful termination lawsuit.



Retaliation and Whistleblowing.



If you notice something happening in your workplace that is illegal or unethical, you likely feel the responsibility to tell your employer or manager. While you should be applauded for your decision to step up and point out something that is wrong, there are situations in which someone could be fired for doing so.

If you are fired for doing so, it is a clear example of wrongful dismissal as you cannot be fired by law for retaliation related to whistleblowing.


Breach of Contract

 breach of contract


If you have a contract in place with your employer that is broken by them firing you, then you could consider suing for breach of contract. Under the eyes of the law, both implied contracts and written contracts can fall under this bucket.


Lack of Accessibility



Another type of wrongful termination is if you are not able to do your job because the employer does not provide an accessible work environment. All employers are required to follow the mandates set forth by the ADA. If they do not and you are not able to work because of it, losing your job is a clear example of wrongful termination. An employment lawyer will be able to better assess the situation and determine how to proceed.

You Might Also Like

No Comments

    Leave a Reply