Can You Fight an Unfair Dismissal?

Losing your job is one of the most stressful experiences one can have, but what’s even worse is being fired for unfair or unlawful reasons.

The good news is that if you’ve been unfairly dismissed, you can do something about it. Keep reading to learn everything you need to know about wrongful termination and how to fight against it by knowing your rights and following the right procedure.

Understanding Unfair Dismissal

An unfair dismissal or wrongful termination is the termination of employment without substantive reasons and/or a fair procedure being followed—such as a disciplinary hearing—or both.

Unfair or unlawful reasons for dismissing an employee can include being fired for discriminatory reasons (race, gender, age, etc.), retaliation, protected absences (such as jury duty), and other factors. If you’re facing an issue like this, a reputable employment law firm like HKM will be able to help you determine whether your dismissal was unjust.

Gathering Evidence

If you suspect that there may have been unlawful motives behind your job loss, you will need to collect evidence to support your claims in order to report the issue.

Collect any documentation you have, such as your dismissal letter, performance reviews, and written correspondence, that may contribute to your case. You can also use surveillance footage of any workplace incidents that may support your claims. Being able to prove that your termination was unjust is important, and your attorney will need this evidence for your case.

Seeking Legal Advice

If you have sufficient evidence to back up your claims (or even if you still need to find a way to prove it), reach out to an experienced employment attorney to help you. A professional will help you understand your rights and what options you’ll have going forward, and they will walk you through the process from start to finish.

When choosing a lawyer, consider factors such as their past cases and successes, their communication and negotiation skills, and your budget.

Filing a Claim

If you decide to lodge a dispute, you will need to report the unfair dismissal to the Equal Employment Opportunity Commission (EEOC) within a reasonable amount of time. Depending on the nature of your dismissal, you may need to file the report elsewhere.

However, your employment lawyer will be able to handle this for you, and they will know exactly what your unique case requires. They should assist you with the paperwork and assembling your report as well as your evidence.

Preparing for an Investigation

Depending on your employer’s response to the report you file with the authorities, you may have to undergo an investigation.

This can entail various steps, such as interviews with the various involved parties, a review of documents and evidence, site visits, etc. It’s important that you’re prepared for this process by having all our documents well organized and by communicating with your attorney about what to say in interviews and how to conduct yourself in order to achieve your desired outcome.

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