There are many times when an employer will get dismissed without a reason for it. When this kind of termination occurs, then one will want to know what their rights are and if they stand a chance to question this. In order to determine this, then there has to be a differentiation of wrongful dismissal and termination without a cause. Understanding these laws is very important for those people who want to know their rights better as employees.
Wrongful dismissal of an employee
This is what happens when an employer goes ahead to dismiss or end the services of an employer without offering such a notice to the employee prior to the dismissal. It can also happen when an employer will terminate his employee’s services since they wrongfully feels that there is a cause for the termination. In this case, they also don’t issue any notice to the employee of their intent to terminate them.
This is another form of wrongful dismissal. It happens whenever an employer without the consent or agreement of an employee will alter the important terms of the employment such as salaries and wages. They will then force the employee to accept these terms without questioning or quit. When either of the above dismissal cases occurs, an employee has the capacity to sue their employer for wrongful dismissal. It however important to consult with your attorney who will evaluate the case and advice accordingly.
Options for an employee who has been wrongfully dismissal
There is a number of options for an employee who has been wrongfully dismissed. The first and probably the cheapest of them is filling an employment standard claim. However, in this kind of suit, an employee can only recover money limited to a particular amount. If one wants more than $10,000 in their claim, then there is another alternative for them other than filling the employment standard claim.
Commence a civil action on their employer
This is the second option for an employer who wants to lay a claim after a wrongful dismissal. In this one, there are no limitations as to how much can be recovered after one has filed a claim. The only problem with this option is that the process can be rather expensive, lengthy and time consuming as well. However, one can engage mediation as a way of dispute resolution which may save some time and expenses.
Termination without a cause
Unlike the wrongful dismissal, this one is lawful when carried out correctly. This one occurs whenever an employer decides to terminate the services of an employee when they feel that their services are no longer needed. The termination is not necessarily because there was any wrongful doing. The reasons for this termination can be unsatisfactory performance or economic reorganization of a company. You should hire someone who specializes in employment law to help you with your case.