Constitutes wrongful Dismissal
If you are facing a wrongful dismissal claim, one of the first steps in your defense against this action is to understand the underlying laws that govern it. In Canada, the Employment Rights Act sets out the standards and procedures that employers must follow when making decisions about hiring and firing employees. The Act states that an employee can be fired for any reason at all, whether it is due to your race, sexual orientation, disability or any other ground. However, there are some very basic guidelines that you should follow when dealing with these claims. These guidelines include the two major components that govern all employment disputes: fair and unjustifiable dismissal. These two components are discussed below:
Under the Fair Employment and Rights Act (FEHA) both parties have the right to bring a complaint about any form of unfair treatment at the workplace. As part of this right, employers are required to investigate any complaints made by employees and give them all the opportunity to clear up the matter once and for all. Once the investigation is over, if the results show that the complaint has merit, then employers are obliged to conduct reasonable investigations into the complaint’s root causes. This means that employers must investigate what caused the employee to complain in the first place. In addition, once investigations have been concluded, employers must inform the employee in writing that their employment right has been terminated and that, in order to rectify the situation, they will reinstate or terminate their employment. Finally, the employer must give the employee a final written warning as well as providing them with a reasonable amount of notice before making any changes to their working environment.
Another important part of the FEHA is that an employee cannot be automatically discharged simply because they raise questions regarding their treatment (though some circumstances do apply). To be entitled to compensation, the employee must show that they have been subjected to unfair or discriminatory treatment. In addition to this, they must also show that they have reasonably been informed of the reasons for their dismissal. While employers are bound by the terms of the FEHA, they are not required to give employees notice before dismissing them. So long as the employee was given notice of their impending dismissal, then they may proceed to exercise their rights under the law.
What Consists Within the Guidelines of What Constitutes wrongful Dismissal?
Employers are also required to give employees notice of their plans to dismiss them and give them ample notice so that they may make alternative arrangements. In fact, these guidelines require some employers to even go to court in order to prevent employees from bringing claims against them. So long as you are following the correct procedures to implement the employment right, there should be no issue. If anything goes wrong, however, it is important to consult a lawyer to help you resolve the problem.
The Equal Employment Opportunity Commission, or EEOC, has published different employment guidelines that it regards as being employment related. In addition to what is described above, these guidelines address allegations of harassment, discrimination, retaliation and other inappropriate behavior. In addition, there are other guidelines that deal specifically with harassment of co-workers. You can easily find more information about these guidelines on the Commission’s website. To learn more about what constitutes wrongful dismissal or other issues related to discrimination, harassment, retaliation and other misconduct, you should consult with an attorney who deals with this kind of legal matter.
So what constitutes wrongful dismissal? If you feel that your employer has gone against what your company’s guidelines are, or if you have been the victim of sexual harassment, discrimination or retaliation, you may have a case. Always consult a lawyer, however, before proceeding with any type of complaint regarding such issues. You want to be sure that you understand the implications of the guidelines, and if you have a strong case, you want to take it to court. It is better to resolve the matter professionally first, rather than to make the situation worse.
