Many individuals may feel their termination was ‘wrongful’ if mainly it is done without any relevant cause. According to the legal definition, wrongfully terminated means a person gets fired from the job for an illegal reason. For instance, one cannot terminate an employee on the basis of race, gender, religion, or disability. Charlotte nc employment law can help you understand the elements of wrongful termination and the process of filing a complaint against an employer.
There are individuals who must be unaware of whether their firing was illegal. Numerous cases are there wherein employees can be protected from firing illegally. Employment lawyer gives you guidelines to deal with such circumstances. So let us comprehend the major ones:
- Violation of written promises
While accepting a job offer, there is a written contract which your employer provides you for acceptance. If in the contract time frame is mentioned and if the employer fires you before the period gets over, you can file a case. It is a wrongful termination if there is no valid cause for your firing.
There is also a detailed process of termination which if employers do not follow can lend them into trouble.
- Discriminated against
The anti-discrimination laws are applicable both at the time of hiring as well as firing. It is illegal for employers to fire the employees on the basis of their race, gender, sexual orientation, national origin or disability. Many places you cannot be fired if you are pregnant or having a military affiliation.
According to Employment lawyer in Toronto Stacey Ball if you are charged with discrimination, your employer will have to prove that it was business related termination. Before you sue your employer, you may have to file a complaint at state or federal agency.
- Breach of fair dealing
Employment lawyer in Toronto Stacey Ball says one cannot get fired for unfair employment practices. For instance, if you are terminated from the job so that your employer does not have to pay you a commission on sales than it is said to be violating the fair dealing. Every employee contract consists of a covenant of good faith and fair dealing along with the terms that are mandatory.
- Employer retaliation
If you have filed a harassment case, you cannot be terminated. But for this, you need to prove that your complaint meant your boss to reprimand and also you were actually fired. Also, the same applies if you have complained regarding health or safety. It is tough to prove such cases but not impossible. Visit employment lawyer in Toronto Stacey Ball who can guide you well.
- Fraud
If an employee is forced to resign or fired while getting tricked due to false information, you can file a lawsuit. This is an illegal firing case. You will require proper documentation to prove such cases.
