Unfair termination is the last thing you want to face, yet it has happened to the best of us. Whether the dismissal was the outcome of personal clashes, workplace discrimination, racial hate, or just any other reason, losing your job can be a traumatic experience.
Fortunately, you can seek legal help from qualified unfair dismissal lawyers if you are wrongfully dismissed from your job. If you feel you have been discriminated against or unlawfully terminated, you can consult an attorney you feel comfortable with. For assistance in Spanish, consider www.justiciaparaempleados.com. With professional support, you can understand the rights you are entitled to and the steps you should take to protect yourself legally.
What Is Unfair Dismissal?
Unfair dismissal or wrongful termination occurs when an employer unlawfully lays off an employee without citing proper reasons. It could be due to discrimination against someone based on their ethnicity, gender, religion, or age, or because they have reported harassment, racism, or other wrongdoings. Spanish employees in particular are often subjected to discrimination and racial slurs and are treated with suspicion and disdain. They can help you determine whether the case in question is valid by asking the following questions:
- Was the dismissal based on discrimination?
- Did you lose your job due to a legal action you undertook?
- Were you terminated because you refused to engage in unlawful activities?
- Did the employer violate the provisions of the employment contract?
If you relate to any of these situations, you might be a victim of unlawful dismissal.
Protecting Your Employee Rights—Key Measures to Take
The impact of wrongful termination of employment often results in depression, anxiety, financial challenges, and career setbacks. Despite these, many feel intimidated to take legal action because proving unfair dismissal is not a child’s play, especially when fighting against big corporations with deep pockets and an experienced legal team. However, taking action is a must. Below are some critical legal measures you must take to protect yourself.
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Document Evidence
If you have been fired unjustly, you must prove it. And for that, you need strong evidence. Keep copies of emails, performance reviews, and memos, and note how you felt discriminated against. Also, record the date, time, witnesses, and your communication with the HR team or the employer. Gather circumstantial evidence to prove the company's pattern of bias and how the company refused to follow the employee protection policies. Compile everything so the lawyer can review it when needed.
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Review the Contract
The employment contract is a pivotal document in any unlawful dismissal case. It comprehensively outlines the company's goals, job responsibilities, and termination conditions. Review the provisions carefully to ensure you have not breached any.
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Know Your Legal Rights
Various state and federal laws have been enacted to shield workers from racial discrimination, harassment, and wrongful dismissal. The Equal Employment Opportunity Commission (EEOC) implements laws prohibiting employers from firing employees based on race, religion, disability, or any other reason deemed illegal by the law. Furthermore, the Whistleblower Protection Laws protect employees for reporting unlawful practices, meaning you cannot be fired for reporting something illegal. Therefore, familiarize yourself with these laws to determine whether your dismissal violates legalities.
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File an EEOC Complaint
Like how a financial survival guide can help an accident victim get back on their feet after recovery, monetary compensation can be the support you need to survive after wrongful termination. Before filing a lawsuit, you should file a discrimination complaint with the EEOC to develop the case. Be sure to do it within the statute of limitations, typically one year. The EEOC will review your complaint and negotiate a settlement.
Make Your Employer Pay for Their Bad Behavior With Legal Help
Your employer must be accountable for your loss of pay due to no fault of yours. If you do not act against them, you encourage them to continue with unlawful activities. So, seek legal counsel to protect your interests and those of others. Lawyers know the ins and outs of employment law and can help you to bring the employer to justice with the maximum possible payout. With their support, you can clear your name and defend yourself from unfair dismissal.
