If you have recently found yourself out of a job, remember that you are not alone. 2024 is already shaping up to be a banner year for job cuts, with many of the world’s largest companies firing employees across the board.
While economic uncertainty can lead employers to shed their ranks, that does not mean that every firing is correct, fair, or justified. Wrongful termination is pervasive across all industries and is a practice that violates the rights of workers of all stripes, as well as jeopardizes their livelihoods.
With that in mind, here’s how to sue for wrongful dismissal.
Have You Been Wrongfully Dismissed?
First, you need to know if your employee rights were violated when you were fired.
If you believe your firing was a result of discrimination based on your gender, sexuality, race, or other protected characteristics, you have been wrongfully dismissed.
‘If you were fired in retaliation for exercising your legal rights or filing a complaint, it’s time to sue your employer. Even if you quit voluntarily, because your employer forced you out by making working conditions unbearable, you can sue for wrongful dismission.
Gather Your Evidence
Before filing a lawsuit, you need every shred of evidence you can gather. Collect any communication with your employer, including with HR. Compile this and ensure that you have copies on your own server.
Collect all documentation relating to your employment, including your contract, payslips, and performance review documents. Any eyewitness statements you can gather from coworkers could also prove vital.
Call a Wrongful Dismissal Lawyer
Once you have your evidence, it’s time to lawyer up. It is essential that you choose a firm that has a local presence in your city or country and has a proven track record of winning cases just like yours.
For example, those in Australia would be well advised to choose a local firm like Unfair Dismissal Australia, which specializes in such cases. Always look for references from previous clients and make sure that your lawyer will be there for you throughout the process.
Negotiate a Settlement
Before pulling the trigger on a lawsuit, you should always try and reach a settlement beforehand when possible. A settlement will give you a speedier resolution and quick access to compensation, without the long and painful process of litigation.
Your lawyer will help you seek a settlement. If your former employer is not amenable to this, it’s time to file a lawsuit and see them for the damages that you are entitled to under the law.
Now That You Know How to Sue for Wrongful Dismissal…
Knowing how to sue for wrongful dismissal is essential. It allows you to defend your rights and those of your coworkers. It’s what allows all of us to keep powerful bosses in check and ensure that they do not violate our human rights in the workplace.
Now that you know the score, it’s time to learn more. In our dedicated Law pages, you can find expert, actionable insights into how you can use the law to protect yourself and your community.
Lisa Eclesworth is a notable and influential lifestyle writer. She is a mom of two and a successful homemaker. She loves to cook and create beautiful projects with her family. She writes informative and fun articles that her readers love and enjoy.
