Employees can file a claim with the EEOC for inappropriate reasons of employment termination if they get fired. These reports indicate employers should be prudent of retaliation. The complaints are not limited to obnoxious behaviour or incompetence by employees; they can allege fault for political views, age, religious beliefs, sex, and race.
When Is Work Dismissal Acceptable?
Employers may dismiss workers for a wide range of reasons. If your employer dismisses you from work or ends your contract sooner than expected, you have the right to ensure that the dismissal is fair. If you think the process is acceptable, you can discuss it with a California Employment Lawyer who will advise the process and ensure the job termination has been appropriately handled.
Legally speaking, this is defined as firing for a specific cause. In general, there are several good categories when it comes to employee termination, including:
- Incompetence, poor quality of work, poor productivity
- Attendance issues, tardiness and frequent absences
- Criminal behavior, theft or revealing confidential company secrets
- Insubordination, breaking company policies and dishonesty
- Discriminatory behavior or sexual harassment
- Threats and physical violence from other employees
The said behaviors are impediments to ensure proper business functionalities. It can directly impact the business efficacy, morale and affects revenue. This can also pose health risks, credibility, and safety for employees, general business, and consumers.
Termination or dismissal is when your employer ends your employment contract. This can happen in several ways, including;
- Fixed-term employees
- Breach of workers contract
- Unrenewed contract
- Your employer constructively terminates your contract to forced leave
- With or without notice that your arrangement will end
For termination of the contract, your employee has several responsibilities that you should check. They must provide;
- Acceptable reasons for termination or dismissal
- Explain the validity of the reason
- Reasonably acted on specific circumstances
A company should investigate before terminating an employee’s contract. If the company performed a due diligence investigation but came to the incorrect conclusion, it does not mean dismissal is unfair. Employers must be consistent and be confident that they did not sack you for doing what most other employees do. You have the right to file a claim for unfair termination if you were not informed of relevant company policies or rules by your employer.
You can claim an unfair termination or dismissal if you have been improperly terminated in violation of your statutory workers’ rights. Typically, you must provide at least a year’s service before filing an unfair dismissal complaint. You should speak to an attorney to ask how long do you have to sue for wrongful termination.
Wrongful termination implies that your employer has breached your contract by forcing you to leave and terminate you. For example, they can terminate you without any notice or following disciplinary dismissal procedures.
- Breach of workers contract
- Disciplinary procedure
What do Workers need To Do With Work Dismissal Notice?
Employers must provide a notice that outlines the workers’ employment contract or statutory minimum notification period. Summary dismissal is only acceptable for any gross misconduct. It is defined when it is serious for the employer to terminate you without notice or warning, such as violence.
However, the employer must always investigate the process before making a termination, regardless of it’s a potential gross case of misconduct.
Can You Appeal Your Termination
If you believe that you are wrongfully dismissed or terminated, there is due process on how you can file an appeal. Whether your employer has provided you several reasons, including performance quality, productivity, and attendance, sometimes these reasons can be appealed.
There is nothing to lose in case you wanted to appeal your case:
- Listen carefully to the hr resources or manager handling your termination. You can clarify anything that is not clear to you. While it can be challenging to control your emotions, you must hold them back and analyze the situation.
- Ask for copies of the termination letter. Is that dismissal based on the annual performance appraisal? Request for your copy before leaving the workspace.
- Understand the importance of seeking copies of your termination letter, department file, and employment records.
- Inquirer procedures on how to take termination appeals accordingly.
- Seek legal advice to ensure you are guided accordingly with the degree of your claims. A well-experienced lawyer will provide you with a step-by-step guide and explain the process and the percentage of your complaint’s success.
- Prepare your statement appeal or rehearse your explanation based on the termination decision.
Understanding the process of termination or work dismissal is essential for every worker and employer alike. If you are a trade union member, you can get in touch with them and clarify the situation. The union can assist you in case you have a complaint or claim to make regarding your dismissal.
Furthermore, you must prepare for your next step. Whether you are fairly dismissed or unfairly dismissed, understanding your right can help you make sound decisions.