Even though unfair dismissal is an unpleasant experience, you are not powerless in these situations. Although employment laws vary by jurisdiction, there is agreement on when a worker can or cannot be dismissed. If you feel that your rights as an employee have been violated, consult HKM immediately. By definition, unfair dismissal constitutes an employer terminating a worker’s employment contract illegally or without proper cause.
Many individuals look to self-employment opportunities to be happier, for a challenge, or as a way to increase their income. Some individuals will opt to start their businesses to prompt a career change, with the benefit of more time and money (in some cases). If you find yourself in a situation where you have been wrongfully terminated, follow these steps to get on the right track legally.
*This is a collaborative post.
*This is a collaborative post.Step 1 – Do Not Cause A Scene, And Don’t Make Threats
In instances where you have been unfairly dismissed, keeping your head is the most important thing to do at the time. If other staff witnesses you causing a scene about your contract being terminated, they are more likely to side with your former employer. Keeping a level and cool head will show you are reliable and steadfast.
Step 2 – Read Your Contract Thoroughly
It is time to sit down and carefully review your employment agreement. Your contract is sure to have the company’s rules and regulations. A section in your employment contract should advise about the terms and conditions of your agreement.
When reading through your contract, ensure you pay special attention to the terms and conditions, company policies, and duties and responsibilities. Taking this action ensures you haven’t violated any company policies.
Step 3 – Avoid Venting About It To Colleagues And On Social Media
Threats may land you in hot water with the authorities. Please do not use social networking sites to disparage your previous job since this may reflect poorly on you. Follow the termination procedure and return your business laptop, car, or access card to your employer. Always keep a witness on your side when returning any company property.
Step 4 – Contact An Attorney
In any legal situation, your attorney will know what to do and how to handle the situation. Gathering evidence (letters, emails, warnings, etc.) is crucial to your case. Depending on your case, your attorney will advise you on what evidence you need to gather.
In the United States, employees are hired at will, proving unfair dismissal will be more challenging (but not impossible). In order to prove unfair termination, you will need the assistance of a lawyer.
Step 5 – Submit Your Claim To The Labor Court
Once you have followed the above steps, you have reached the final stage. It is time to submit your claim. Your attorney will generally complete this step for you. Although this step may be stressful, your claim is necessary to prove that you were unfairly dismissed. In every situation, knowing employment laws will ensure you understand your rights and can fight for them. Your lawyer will fight for your rights alongside you at every step.
*Disclaimer – This is a collaborative post. This post has been pre-written.