You enter an impromptu session with the boss as well as the hr manager, both of whom appear glum. Your boss informs you that you have failed to meet your performance objectives, and the corporation is terminating your employment. Isn’t it true that you don’t need to consult an attorney? Because you were dismissed for cause, your next actions should most likely include a trip to the unemployment office and a look at various job-search websites.
You should probably reconsider your approach. There’s really nothing terrible with hunting for a decent employment, but don’t rule out the possibility of filing a lawsuit against your previous company. In the right conditions, even employees who have been fired for cause may be able to confirm wrongful termination. Consultation with a lawyer seems to be the only way of knowing for sure.
Firing for Unlawful Reasons
It is not illegal for employers to dismiss an employee, even if the cause appears to be irrational or unfair. Furthermore, an employer might lie about the basis for termination under the law. The employer, on the other hand, cannot legitimately fire someone for breaking a contract or breaking the law. The termination is unjust if the true basis for the firing is discrimination, employee whistle-blowing, retribution, or some other protected behavior.
How Do Lawyers Evaluate Cases of Wrongful Termination?
Seeking Fired from work justice? It is always better to consult a lawyer. There are certain factors that a lawyer considers while assessing if your termination was lawful.
Was there a written agreement?
If you get an employment agreement that restricts your employer’s ability to terminate you, the company must abide by the terms of the contract. The majority of employees doesn’t really have formal employment agreements or, at the very least, documents that guarantee anything besides at-will employment. However, if your contract specifies the reasons for termination, any other reason for dismissal is considered a violation of contract.
Were others treated the same way?
Was the reason cited for termination the genuine one? Any lawyer evaluating a dismissal for cause will bring this up. The lawyer strives to find if the company handled you the same way it treated other employees in your position. If not, do you have any evidence that your employer treated you otherwise because of a legally protected condition? The lawyer may look for proof that the employer’s justification for firing you was dishonest.
If the facts of your termination suggest that it was unlawful, you should speak with an experienced lawyer. Professionals can look through the facts and determine if you get any legal claims. If this is the case, a lawyer can assist you in deciding how to defend your Human rights in Scarborough at workplace.
