Fired Unfairly? Know Your Rights and Fight Back Legally
You will feel defeated when you lose your job. When this happens unfairly, you can be very frustrated. It is unfair when your employer fires you without following due process or providing a reason. To receive fair treatment, it is essential to understand the relevant laws and follow the necessary steps to assert your rights.
What is unfair dismissal?
Unfair dismissal is when you get fired from your job in a way that goes against your employment contract or the Employment laws. It might happen because you claimed unjust wages or made a complaint of sexual harassment. You might be treated differently because of your race, sexual orientation, or characteristics.
Reasons for unfair dismissal include the following:
- Dismissal for initiating a complaint or legal proceedings against your employer.
- For taking part in a legal strike or trade union.
2. Dismissal for Getting Involved in Whistle-blowing.
- Not following due process
- The employer does not follow the formal disciplinary and dismissal process that has been put in place when firing you
3. Violation of employees' human rights
- For family-related issues, such as maternity or paternity leave.
- When you ask for flexible working.
- Dismissal based on your age, gender, race, religion, or any other personal characteristics.
- For family-related issues, such as maternity or paternity leave.
- When you ask for flexible working.
5. Contract Violation
- Employee summary dismissal without any fair cause.
6. Constructive dismissal
- When you are forced to resign due to a hard-working environment.
Your legal rights as an Employee
Various laws are in place in the legal framework to protect you from unfair dismissal. It varies depending on your location. Some of these rights may include:
- Prohibition of workplace discrimination
- Proper termination process
- Timely wages
- A conducive work environment with an emphasis on health and safety
- Right to fair and lawful termination
- Protection against unwanted sexual advances
- Zero tolerance for forced labor
- The right to Maternity and Paternity leave.
Steps to take if you get fired unfairly
1. Resolve the problem with your employer
Before making any formal complaint or appeal, follow your employer’s disciplinary and dismissal procedures. It is the first thing you need to do.
You can try conciliation with the help of a local labor representative.
Remember to keep any letters, notes from meetings, or records of telephone conversations.
2. Legal steps for unfair dismissal
- Assess your situation
When you are fired unfairly from your job, collect all relevant documents. These may include your employment contract, a copy of your pay slip, all letters and emails concerning your dismissal, and the circumstances surrounding your termination to help build your case.
- Seek legal advice
Seek advice from a labor law expert. They can look into your claim and guide you through the entire process. It is your best chance of achieving the best possible outcome in the situation.
- File an unfair dismissal claim.
Strictly follow the legal time frame in place to pursue justice within the allotted timeframe. If you choose to have legal representation in court, they will guide and advise you through the whole process.
If you win in court, you may be able to get your job back or receive compensation.
Take Away
Unfair dismissal can cause significant emotional and financial damage. Seek justice when your employer fires you unfairly. Do not be afraid to seek justice. You have the right to fair treatment. Hire a lawyer to help you with the process if you are in doubt. Regardless of the reason, your termination must be both just and lawful.