A wrongful termination occurs when an employee has been unlawfully fired from their job. There are a number of scenarios where this can arise including:
there was a violation of company policy
there was discrimination against a protected class
the employer breached the employment contract
there was a violation of public policy
the employee was fired on the basis that they refused to commit an illegal act
the employee was fired on the basis of raising concern or whistleblowing
Another occasion where an employee can file for wrongful termination is if they were forced to resign due to a violation of their rights or it was an unbearable work environment. For this reasons, you may want to seek the advice of a employment law specialist sydney.
Process of Termination
Under the laws of Australia, there is no at-will employment; this is defined as an employer having the choice to fire you for no reason. Under Australian law, employers are required to provide a statutory period of notice or payment before the notice of termination is made. When a termination takes place, employees have a period of 21 days to apply to The Fair Work Commission in order to have their case considered.
Gather Information
When you’ve been notified, you should inquire about your termination to see what the reasoning is and who was in charge of the decision. Inquire as to whether the decision can be appealed or if you are entitled to such benefits like severance pay.
Now is a good time to remember what kind of contracts you signed during your initial employment or during your termination. If you signed a separation agreement (where the terminated employee gives up their rights to take legal action against the company), then your recourse is going to be a bit limited, but you still have some rights and options available.
Know What Your Rights Are
Look over your employment contract and see what which areas of the agreements have been breached. It doesn’t hurt to look up the laws in your area or country to see which policies have been breached from your termination. It wouldn’t hurt to look at the employment laws in your country and see what the process is for filing a wrongful termination claim.
Hiring Legal Counsel
Whether you need assistance for your case or you’ve decided that you ned to sue your former employer, it’s a good idea to have legal counsel on your side to help you out. Look for an attorney who specializes in employees’ rights so that they can inform you as to what options are available to you. Most companies tend to have very powerful legal teams and it’s not a good idea to try and go up against them alone.
Although it may be a little difficult to prove a wrongful termination case, that doesn’t mean that you should forego trying. Gather up as much evidence as you can (such as e-mails, text messages, and performance evaluations, etc) to help build your case from the ground up. It may be a stressful time ahead of you, but having the right attorney on your side can make the whole process a little easier to deal with.
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