Having job security is not something everyone can say they enjoy, especially now when the job situation in the world is quite staggering. Having any kind of job seems to be more than enough and getting a position is everything most working people want in life. To make matters worse, not every job is sufficient in terms of providing for yourself and your family and getting everything you need. Therefore, being happy at work and doing what you love in the 21st century is crucial for overall happiness and well-being.
Still, employers seem to have never cared less about their employees no matter the position. Overtime work without additional pay is a common thing, and most people are underpaid to begin with. The old model of 9 to 5 shifts does not seem to be the most effective way of working and everyone knows it. And on top of all of these issues, your boss or other higher-ups cans till fire you seemingly without any reason. Or can they? Things like this happen all the time and people lose their hard-earned jobs without a good reason.
In this article we will talk about being illegally fired from your job and how to know if this has just happened to you. There is a certain way according to which you have to be fired or let go and it cannot be in a way that is illegal. To know more about this, make sure to keep reading. In addition, if you already know that this was the case and need legal help to prove your innocence and seek compensation, check out Bibiyan Law Group.
1. Employer Committed Fraud
One way in which dishonest employers tend to treat their unsuspecting employees is to give them bad or wrong information to use and then fire them when they seemingly do a bad job. Things like this happens when the company or the employer want to cover their involvement in fraud or even tax evasion. It is hard to prove this type of fraud and actually having some kind of proof that the higher-ups in charge acted badly willingly and on purpose. The flow of documentation has to be transparent and available for review, otherwise it is nearly impossible to check. If an employer acts upon given information and gets fired for it, it is almost always a case of some kind of cover-up or fraud that those above do not want to deal with or want to escape. Then, the fired employee can claim fraud in their termination suit.
2. Defamation
The term defamation refers to the instance in which the reputation or a good standing of an employee within the community is put in danger or ruined by somebody spreading rumors and false facts about a colleague. Jeopardizing years of hard work, professionalism, and good behavior for any reason is enough for a legal case, let alone if you were defamed prior to getting fired. In case your employer does something like this and then tells you that you have been fired, you can claim wrongful termination and pretty easily win a defamation case against them. The things said about you and the rumors that could have spread from it are enough to make it very difficult for you to find another job position too. Act immediately if this is how you got fired. The thing you need to prove your innocence is that the employer made the comments as facts or statements and were knowingly incorrect and careless while talking to at least one other person.
3. Retaliation
Employers cannot show their employees the door if they do something legally protected while in the workplace. For example, if you ever complain about something fundamental as health or safety and point to a problematic aspect of a workplace, the employer cannot fire you. The same goes for harassment claims and any other concerns regarding equal opportunity among employees. If your boss was triggered by something like this and retaliated in the form of a firing, you have to prove it and you could win big from the case. It is hard, but not impossible. The complaint has to be the thing that prompted the employer to fire you. Considering that outburst like this often happen in state where clear judgment is hard to keep, you may be in luck and get all the proof and witnesses you need.
4. Discrimination
Discrimination in any form is something people care about and focus on like never before. Inclusion and celebration of differences is what our society is all about these days, meaning nobody can or should be fired because of their gender, sexual orientation, age, race, disability, or nationality. These are all considered workplace discrimination cases and the employers who fire employees based on these factors usually lose the following legal case. What is more, military affiliation, pregnancy and maternity leaves, and marital status also cannot be the reasons for one’s firing. The termination has to be business-related and there should be proof of it like performance reviews or other documents and insights. Again, it is very difficult to prove that it was indeed discrimination that got you fired. The most common type is age related. If there are good records and sufficient documentation on all employees at all times, it can be easily seen what was the real reason for the firing. Otherwise, it could be an uphill battle.
5. Breach of Fair Dealing and Good Faith
Some employers and companies try to limit the benefits and commissions of their employees and pay less than what they owe to their workers. If you believe that something like this is happening to you and you were fired without a good reason, you can file a case and based on a breach of good faith and fair dealing. If you were not promoted in ages and had no wage increases despite your good performance and contribution only to get fired instead, make sure to explore your options and ready your documentation like performance reviews and payment history for a legal case. The employer must not and cannot keep and hold the workers from benefiting and improving in the workplace.
