Human Resource Management

HRM Guide World HRM Guide USA HRM Guide UK About HRM Guide Student HRM HR Updates Facebook
Search all of HRM Guide

3 Examples of Being Fired Unfairly (And What to Do About It)

October 1 2019 - Getting fired is no fun for anyone. It can be embarrassing, hurtful, and even a little surprising depending on the given circumstances. Though you shouldn't make a scene upon your exit from work, you should look closely into how and why you were fired.

Every year, thousands of people are wrongfully fired from their places of employment. In these particular cases, the wrongfully fired employee might have a case that they can make against their former employer.

If you've been fired unfairly, you might have legal options and a right to compensation. Read on, and we'll walk you through a few big examples of wrongful termination.

1. Discrimination

We like to believe in the modern era that we've left much of the nasty employment discrimination of the previous century behind. But discrimination in the workplace still happens, and it is possible that an employer has fired someone due to their race, religion, or sexual orientation.

You cannot be fired for these things, and in most states, you also can't be fired for your age, marital status, or a number of other elements. If you believe you've been fired to do non-business related matters, you should speak to a wrongful termination lawyer as soon as possible.

Loss of employment due to discrimination is absolutely illegal. Discrimination can be hard to prove, but if your employer has no other good reason to let you go, it can be easier to prove that discrimination was at play.

2. Breach of Good Faith

You cannot be fired for unfair employment practices in most states in the country. What would an unfair employment practice look like?

A good example to look at might be a commission-based workplace. If you are paid off commission and an employer wants to avoid having to pay your commission by firing you, that would be a breach of good faith.

If you were misled about any aspect of your form of payment, or if an employer has made up a reason to fire you that feels unjust, you might be able to sue under this stature of the law.

3. An Act of Retaliation

Under the law, the firing of an employee can't be as an act of retaliation. That means if your firing was in an attempt to punish or silence you, you might have a legal case against that employer.

We saw this just recently when Kickstarter moved to fire employees that were thinking of unionizing. If you are fired as a result of expressing any kind of dissatisfaction or concern about your workplace, it could be seen as an act of retaliation.

An experienced lawyer can help you make this case and get the compensation that you deserve from your wrongful firing.

Fired Unfairly at Work

It can be difficult to handle any sort of loss of employment. But things can be extra difficult if you were fired unfairly at work, like in the above scenarios.

Need more advice for the workplace and beyond? Check out our careers page for more


More Law Articles



 
 




HRM Guide makes minimal use of cookies, including some placed to facilitate features such as Google Search. By continuing to use the site you are agreeing to the use of cookies. Learn more here

Contact
HR Directory
Privacy Policy

Anything But Work
British Isles
Psychology Articles
Copyright © 1997-2024 Alan Price and HRM Guide contributors. All rights reserved.