Wrongful dismissal is a legal phrase which refers to unfair discharge from employment. There are various reasons why you may be dismissed wrongfully. Here are some examples.
- Discrimination: Believe it or not, the evil of discrimination still exists out there. If you are one of the many people who are fired because of your nationality, race, sexual preference, age, sex, you may have a case of wrongful dismissal.
- Retaliation: The law does not allow employer to fire employee, because of an investigation for discrimination. Civil rights law protects employee from employer's retaliation.
- If your employer asks you to participate in illegal act, you have the rights to refuse to do so. Employee's Refusal to Commit an Illegal Act protects you from being fired. It is always a good idea to obey the laws. So you will not have to go to jail.
- If an employer has made a policy guideline, they must follow it. You can sue for wrongful termination, if you have been fired without following the policy.
One of most common breach happens when employee fires without notice. Employer is required to give you a notice, before they can let you go. The exception to this rule is when it is stated in the contract, or you are still in the probation period. Usually, the employer are required to give at least 3 months notice.
If you suspect that you have been dismissed wrongfully, it may be a good idea to consult with wrongful dismissal lawyer or the local US employment department.
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