Wrongful Dismissal

Wrongful dismissal is a legal term wherein an employee has been fired or laid off for an unlawful reason. Usually, wrongful dismissal occurs when one loses his job because he has been discriminated against, for retaliation against the employee filing a claim against his employer, the employee's refusal to commit an illegal act, or if the employer did not follow his or her own termination procedures. When one of these takes place, the former employee may seek legal counsel, and try to win financial damages. This may result in either a generous severance package or reinstatement. However, if the employer is able to document grounds for dismissal (e.g., sub-standard or inconsistent employee performance, tardiness, disruptiveness, etc.), or if the employees contract allowed for dismissal under certain circumstances, the employee could lose his case, and suffer further financial losses.

Fast Facts

  • According to a 2009 court ruling, a former employee may confront a former colleague whose harassment charge led to his dismissal.
  • In Canada, employers must give workers "reasonable notice" prior to terminating their jobs. "Reasonable notice" is determined based upon a number of factors.

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  • Wrongful Termination: Employment Lawyers can Help

    People get fired from their jobs everyday. It is an unfortunate yet common circumstance that occurs in life. A...
    • Site: employmentlawfirms.com
    • 7 of 7 user(s) found this useful
  • Employment Law: Wrongful Termination

    According to the United States Department of Labor in 2008, there are were 154 million employed American worke...
    • Site: lawfirms.com
  • When Is Termination Wrongful?

    Wrongful termination is defined as the unlawful firing of a company’s employee(s) for various reasons......
    • Site: employmentlawfirms.com
    • 5 of 6 user(s) found this useful
  • Lay Off vs. Wrongful Termination

    Originally, a layoff was a temporary suspension from work.  It occurred when a factory needed to install new e...
    • Site: employmentlawfirms.com
    • 3 of 3 user(s) found this useful
  • Wrongful Termination as a Form of Retaliation

    Most of the US is subject to the liberties supplied by employment at will. This means that if an employee or e...
    • Site: employmentlawfirms.com

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