Businesses can often fire their workers at any time as long as they are not violating the law. However, some terminations are unlawful.
An illegal dismissal happens when an employer fires their employee against the terms of an employment contract or federal or state law. There are various legal options available if your employer unlawfully fired you from your job, but it is necessary to understand first what constitutes an unlawful termination.
Types of unlawful termination
Various laws protect employees against unlawful dismissals. For example, you cannot be legally fired in retaliation for taking part in protected activities. These include filing a harassment or workers’ compensation claim, assisting investigations into such incidences, whistleblowing or participating in a lawful strike.
Further, it is unlawful for an employer to dismiss you based on your race, sex, gender, disability and age, among other characteristics. You need to take appropriate action and safeguard your rights when this happens.
Your options after an illegal dismissal
If you believe you have been unfairly dismissed from your job and couldn’t resolve the issue with your employer, it is worthwhile to explore your other legal alternatives. Usually, it depends on the circumstances of your case.
You could have a valid wrongful dismissal claim and may be entitled to certain damages like reinstatement or recovery of the wages you missed following your illegal termination. However, it is crucial to have an informed evaluation of your case to determine the best way forward. Knowing what is needed to prove such claims and your legal rights after an unlawful termination will help increase the prospects of a desirable outcome.
