Unfair Dismissal at Work? Here’s What You Should Do
Imagine waking up early to head to your place of work. Shortly after you have started going about your work, the manager or human resource professional calls you only to tell you to pack your things and go home. You are no longer an employee of the company. You were not planning to leave your job any time soon. The dismissal catches you unawares because you did not expect it since there is nothing wrong you can recall doing.
After it dawns on you, you remember that you’re superior in the department you were working in had recently sexually harassed you, and you had reported the issue to the HR office. You can also recall colleagues and superiors discriminating against you because of your religion, disability, sex, age, race, or ethnicity. The manager or HR official did not give you a valid reason for your dismissal. If this is the case, then it means you are a victim of wrongful termination.
If this has recently happened to you or ever happens, you need to know what to do. Here is what you should do if unfairly dismissed at work.
Resolve the Problem with Your Employer
Before you run to your employment lawyer to file a wrongful dismissal case in the court of law, first try
appealing the problem under your employer’s dismissal or disciplinary procedures. Even though chances of being handsomely compensated when you sue your employer are high when unfairly dismissed, it is essential to exhaustively use other avenues to resolve the issue.
Litigious processes are long and expensive and lead to a strained relationship between you are your former employer. This lowers your chances of being reinstated. Try to reconcile and come up to a mutually benefitting conclusion with your employer. You can also try arbitration by getting an independent arbitrator to hear your case and make a legally abiding decision. If this fails, you can appeal to an employment tribunal.
It is difficult to prove unfair dismissal without enough evidence. To increase your chances of getting a successful outcome once you sue your former employer, ensure you gather as much evidence as possible.
Even the smallest of evidence can make a difference in your case. Therefore, gather emails, voicemails, emails, text messages, screenshots, statements from coworkers, and any other documentation that can prove you were wrongfully sent packing.
Find an Employment Attorney
Sometimes the employer might be unwilling to resolve the issue prompting you to pursue the dispute further. Because employment law can be quite complicated for someone with no legal background, it is best to find an employment lawyer to guide you on the way forward.
An employment lawyer determines the eligibility of your claim and advises you on what to do. If the claim is solid, the lawyer evaluates your evidence to see if it is enough to prove you were unfairly dismissed. If satisfied, the lawyer advises and helps you file a lawsuit.
File a Lawsuit
Now that you have the evidence and the backing of an attorney, you can file the paperwork. Work closely with your employment lawyer to maximize your chances of winning and getting handsomely compensated.