There’s no denying that being fired from your job can be a difficult and stressful experience. However, if you believe you have been victim to a wrongful dismissal, then it is certainly within your rights to make a legal claim and seek the compensation you deserve.
In this guide, we’re going to highlight a few key things to understand about wrongful dismissal cases, and you’ll also learn some further advice on selecting a lawyer who may be able to help you.
To begin with, it’s important to understand that proving a wrongful termination case isn’t always a simple and straightforward as you’d like because determining the precise motive behind your dismissal can be a complicated matter. For this reason, it’s wise to consult with a skilled employment lawyer who will be able to examine some of the initial details of your case and determine whether you’re likely to have a case or not.
If your lawyer believes that you have a reasonable case on your hands, then filing a wrongful termination lawsuit is often a wise step to take. The amount of time you have available to do this can vary depending on what state you live in, but you often have a window of between two and three years to make your case, so this is something to keep in mind if you have been recently fired.
The amount of settlement you receive can vary by many different factors, just as you’d expect, But the research shows that the average settlement tends to be somewhere in the region of 40,000 dollars, although some of the cases can be considerably more depending on the surrounding circumstances.
Another common reason for people to feel they need to file a wrongful dismissal case will be when they have lost their jobs due to sickness or medical reasons. Of course, these situations can be complicated and will need to be examined on a case-by-case basis, but it is often illegal to dismiss someone specifically due to a health condition, although the terms of your employment may vary depending on what you initially agreed to.
If possible, it would be very useful if you have been a member of a union who will be able to support you during this procedure, and they can also give you someone to consult with when you feel your dismissal has been unfair and unjust.
It’s also important to note the distinction between unfair dismissals and wrongful dismissal.
An unfair dismissal usually denotes that you were dismissed in an unfair way while your employer didn’t follow the necessary disciplinary procedures or give you the necessary guidance to correct any issues that are occurring work.
On the other hand, wrongful dismissal usually occurs when your employer has breached their own terms of contract, and this can be somewhat easier to prove versus filing an unfair dismissal case.
At the end of the day, the best move to make when you feel you have been wrongfully dismissed is to consult a skilled employment lawyer who will have the experience and legal knowledge to guide you on your next steps.