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Getting fired from the job is one of the worst feelings you will ever experience, and it directly affects your personal and professional well-being. And the downside of it is that you do not know whether your termination was unlawful or wrongful. If you strongly feel that there was some ambiguity in your firing, then you have all the right to consult one of the best wrongful termination attorneys to get clarity on this matter.

Being an employee, you must be aware of your rights and know, how to protect them. Any kind of misconduct or illegal behavior shouldn’t be tolerated at the workplace. And if your termination was purely based on wrongful reasons, then the very first thing you should be doing is not react negatively about it and keep calm while you gather around the situation and then talk to an attorney. But before that, many of us are generally confused about unlawful and wrongful dismissal.

Your employer does take into consideration the guidelines provided by the Employment Standards Act (ESA) ensuring that you get the required time and preparation to find another job and secure your career and enable a fair work transition. This situation takes place if your employer is doing things at goodwill by offering references that benefit you professionally. But have you ever wondered what if your dismissal was not at all amicable? What if the reasons that you have known about your termination are discriminatory or hurt any of your sentiments? Did you get a less-deserving severance package? So does this situation comes under wrongful or unlawful dismissal? You have all these questions that are creeping up your mind and you will get the answers to all of them.

Both the terms hold different meanings and being an employee, you must be aware of both. So here is an elaborative approach towards both terminologies for a clear understanding of the subject matter.

Unlawful dismissal

A termination can be termed as unlawful if it was done on discriminatory grounds violating the Human Rights Code (HRC) or any such kind that hurt the identity or the dignity of the employee, a legal action can be taken against such act. For instance, if your employer dismissed you because you cannot wear formal shoes since you suffer from an orthopedic ailment that comes under unlawful termination and you have all the right to seek guidance from the unlawful termination attorneys.

Wrongful Dismissal

A wrongful dismissal takes place when the employee is fired without any reason or any prior notice by the employer. Your employer’s reasons to terminate you have nothing to do with your wrongful dismissal and you can be terminated on any of the reasons that your employer thinks is right. If the employer fails to give you any notice before termination or fails to give you necessary compensation, then you have the right to sue the employer over the wrongful termination and ask for the damages caused to you with this termination.

“At-Will” Employment

The majority of the employees in the U.S. work “at-will” and in such cases, the employer has all the right to terminate the employee at any time with or without any reason Although, the “at-will” employees cannot be dismissed for an unlawful reason unless the employee has signed any contract with the employer. Though you will find rare cases where the employer has fired an employee without giving any explanation as the majority of them do give the reason to terminate a certain employee and in such cases, it becomes a dismissal “for cause”.

The unlawful reasons to fire an employee comprises of violation of anti-discrimination law, dismissing in violation of labor laws, sexual harassment, retaliation against the employer. In such situations, the employee has all the right to file a lawsuit against the employer demanding the necessary claims.

Therefore, if you think that your termination was either unlawful or wrongful, the important step you must take is to contact one of the best unlawful termination attorneys in your area and seek the right legal consultation for your case. Only an attorney will be able to tell you the entire process and where your case stands in this scenario. Do not hesitate to protect your rights as an employee.

Post Author: Maurice