Redress After Wrongful Termination
Wrongful termination, also known as wrongful dismissal or wrongful discharge, is the legal principle pertaining to an instance wherein an employee's contract of employment has been terminated by the employer in circumstances where the termination breaches one or more terms of the contract of employment, or a statute provision in employment law. From this, it necessarily follows that the scope for wrongful dismissal differs according to the particular terms of a specific employment contract, and varies by jurisdiction.
However, note that the lack of a formal contract of employment does not preclude wrongful dismissal in jurisdictions in which a de facto contract is taken to exist by virtue of the employment relationship. Terms of such a contract may include obligations and rights outlined in an employee handbook.
Wrongful termination usually gives birth to a claim by the employee so dismissed. Many jurisdictions provide courts or tribunals which hear and decide actions for wrongful termination. A substantiated allegation of wrongful termination can lead to two main remedies:
- reinstatement of the terminated employee
- monetary compensation for the wrongfully terminated.
If you or someone you care about has been wrongfully terminated, bear in mind that you can still resort to a court adjudication to protect your or your loved one’s rights. For help in this, contact us today.