It is indeed an illicit act for employers to dismiss the services of their workers without any legally acceptable basis or notice. Thus, if you are an employee who has been greatly mistreated and laid off from your job, it only indicates that you might have a strong case to file against your employer. This write-up then may provide you some important facts on how to succeed in filing a wrongful termination claim.
Determining your Eligibility
In order to be qualified in filing such employment law violation case, you must meet the following requirements:
- You must have been employed in the company for a continuous period of twelve months
- You have been illegally terminated from work ( e.g. forced resignation, employer breach of contract )
- You have been prevented to return to your job after utilizing your allowable leave
- You have not yet reached the normal age of retirement
Being Dismissed on the Grounds of Incompetence
Although employers are allowed by the law to fire their workers due to their lack of capability to perform their assigned tasks well, you may still file proper charges if your employer failed to follow the standard procedure. Then, your employer must first make sure that there are no other job positions that suit your qualifications.
Furthermore, your employer must furnish documents and other evidences of your incompetence including a copy of the company’s employment contact that you have signed upon your employment. If the tribunal would not find enough bases for your dismissal, then your employer might just be asked to offer you further skills enhancement trainings.
Remedies Offered for Illegally Terminated Employees
If ever your employer would be found guilty of unlawful termination, you may now acquire your basic and compensatory awards. The former depends on your age, length of service in the company and basic salary. Meanwhile, the latter depends on your endured actual losses and that is only a limited amount. Hence, having another job after your dismissal may lessen the amount of your possible compensation.
In very rare circumstances, the employees may just ask for job reinstatement in a similar post as what they used to be. Yet, most illegally dismissed workers chose not to do so, on the dread of being reprised by their employers.
Filing Charges
It is highly recommended that victims file their formal complaints at the employment tribunal immediately. Your case then must be brought to their awareness within a three-month period prior to the date of termination. If you fail to do so, chances are, you might not be able to file the similar case in the future and consequently loose the opportunity to attain justice.
