In the case of gross misconduct, such as theft, fraud, or violence, the employer is within their rights to terminate the perpetrator’s contract. If the contract is temporary and the employment period has ended, the employer may dismiss the employee; unless they wish to switch them onto a permanent contract.
However, there are many cases where a might fire an employee on unfair grounds. Being fired without a proper cause is known as unfair dismissal or wrongful termination.
An employer must give a valid reason for ending one of their employee’s contracts by law. If they are unable to give a justified reason for the dismissal, they could be breaking important employment laws.
Disputing a Dismissal – Important Steps to Take
If you have recently been fired from your job and your employer has failed to provide a valid reason, you may be in a position to dispute the dismissal.
There are several important steps that you should take to get justice for your negative experiences and potential financial losses. Let’s cover some of these key steps in more detail.
Raise the Issue With Your Employer
The most obvious thing to do when your employer has fired you without fair reasoning is to arrange a meeting with them. At the meeting, you can get a better understanding of why your employer made their decision.
Document everything that has been said at the meeting in case you need to use it for evidence further down the line. If by the end of the meeting, your employer has failed to provide a justified reason for your dismissal, you will need to take further action against them.
Appeal via the Tribunal
In some cases, the termination of an employment contract can be raised with the industrial tribunal. You can appeal your employer’s decision within the first three months of the dismissal.
The industrial tribunal will assess your case and consider all of the evidence that you have provided. If they agree that the termination was unfair, they may order your employer to offer you your job back. Alternatively, your employer might need to pay compensation for your loss of income due to the dismissal.
Hire a Wrongful Termination Lawyer
If you’ve had no success speaking to your employer or appealing the decision at the industrial tribunal, you may need to hire a successful lawyer that specialize in wrongful termination.
An expert lawyer will gather all of the evidence and information that you have collected to formulate a strong case. They will represent you in court and present this case to a judge, who will make the final decision on your claim. The best choice would be a lawyer who is specialized in employment law, such as a California employment attorney, so that you are sure that your case is being handled by someone who knows the ins and outs of the laws at hand well.
Should you win your claim, you will be offered compensation to cover the money that he would have earned if you have not been wrongfully dismissed.