Being unfairly dismissed from work can be truly terrifying, especially when you relied on this job to support yourself and your family. What’s even worse is that disputes surrounding termination can be very long and difficult. Over time, this can drain you mentally and emotionally.
As much as you want to shout at your employer and make them regret dismissing you, it is not the best step to take. More often than not, people do not know what to do once they’ve lost their job. This is why they need legal help from an expert.
If you ever find yourself in this situation, here is what you should do next.
What Exactly Qualifies as Unfair Dismissal?
When you are hired by an employer in the United States, you agree to be an “at-will” employee. This means that your employer has the right to fire you at any time if necessary. At the same time, there must be a fair reason for your dismissal. Your boss cannot fire you for the wrong reasons.
An unfair dismissal can include things such as:
Defamation refers to lies being spread about you to ruin your reputation. If your employer dismisses you due to rumors, then you have every right to fight them in court. Your chances of winning are very high in this case.
When you expose wrong or unsafe practices in the workplace, your employer may take revenge on you by terminating your employment. Obviously, this is not allowed, and there are even laws that protect employees in such cases.
Dismissal based on termination is not allowed. The United States has laws against discrimination based on race, sexual orientation, age, gender, religion, political affiliation, or other things. So, being dismissed for discriminatory reasons qualifies as unfair dismissal.
Breach of Contract
When they begin working, employees will sign a contract that states what is expected of them, as well as what may lead to them getting fired. If you are fired for anything that is not stated in your contract, it goes under unfair dismissal.
What to Do Next After Being Unfairly Dismissed?
Do you think you have been unfairly dismissed? Here is what you should do in this case:
Have a Conversation with Your Employer
Talking to your employer is probably the first thing you want to do. Instead of filing a complaint, you should do this as a way to try to understand why you may have been dismissed. Maybe it will give you a satisfactory explanation and you can leave on good terms instead of bursting out of the workplace promising revenge.
Collect Evidence of the Unfair Dismissal
If the dismissal was unfair, you must gather some proof of it if you want justice. Anything that points to wrongful termination will help. Otherwise, the court will not be able to know that this dismissal was unfair, and may agree with the employer instead.
Things like phone conversations, notes of meetings, and letters may come in handy. Also, you should have a copy of your employment contract, as well as potential email conversations between you and your employer.
Make the Claim
Next, you should move forward with making your claim and getting legal help from an experienced attorney.
For instance, in California, you have 180 days from the day of the wrongful termination to file a complaint. So, it’s best to look for Los Angeles employment attorneys as soon as possible and seek justice.
An employment attorney will give you good advice on what to do next and will help you make the right decisions during the case. Not only that but your lawyer will also be able to let you know whether you have a claim or not. Then, you will know if you can obtain compensation.
The attorney will take a look over your documentation and help you organize the paperwork. Also, they will reach out to your previous employer and try to discuss the issue with them.
The process may be stressful and long, but if you do everything right, you may be able to get compensation from your former employer.
The Bottom Line
When you are unfairly dismissed from work, you may not know what to do next, especially given all the stress you’re dealing with. As soon as it happens, you should try to talk to your employer about it. If they’re not willing to communicate, you should hire an employment attorney and file a complaint.