Understanding Wrongful Dismissal and What to Do if You’re Fired
- Jan 6, 2025
- 2 min read
Wrongful dismissal occurs when an employee is terminated without proper legal cause or without adequate notice. Here’s what you need to know and do if you’re fired:
Understand Wrongful Dismissal: Wrongful dismissal happens when an employer terminates your employment without just cause and fails to provide reasonable notice or compensation. It may also occur if the termination breaches your employment contract or violates employment laws.
Review Your Employment Contract: Check your employment contract for termination clauses and notice requirements. This can help determine whether the termination was lawful and what compensation you may be entitled to.
Assess the Termination: Determine if the termination was with or without cause. With cause dismissals are typically for serious misconduct, while without cause dismissals require reasonable notice or severance.
Seek Legal Advice: Consult with an employment lawyer to evaluate the legality of your dismissal. They can provide guidance on whether you have a claim for wrongful dismissal and help you understand your rights.
Consider a Severance Package: If offered, review any severance package carefully. Ensure it meets legal requirements and provides fair compensation based on your length of service and the terms of your contract. Provide advice re structuring the settlement to minimize tax consequences to you.
Pursue Legal Action: If necessary, your lawyer can help you file a claim for wrongful dismissal and seek compensation for lost wages, benefits, and other damages.
Understanding wrongful dismissal and seeking professional legal advice can help you navigate the process and pursue a fair resolution if you believe you have been wrongfully terminated. It’s necessary to seek legal advice immediately because in instances of federal employment jurisdiction, you might have to take legal action in less than 89 days. Generally, a two year limitation period applies. In any event, swift action is necessary to preserve your potential claim.
