How to challenge a dismissal?

Employees who believe they were unfairly or illegally terminated have internal and legal options, including appealing through their employer or filing a lawsuit. Some companies have written procedures for appeals, while others require court action. Exceptions to at-will employment include signed employment contracts and discrimination based on protected characteristics. When an employee is fired or […]

What’s constructive dismissal?

Constructive dismissal occurs when an employee leaves their job due to the employer’s illegal behavior or actions. This can result in high damages if proven, and it’s important to consult a lawyer to ensure the process is legal. Reasons for constructive dismissal include breach of contract, unsafe working conditions, and harassment. It’s important to document […]

What’s wrongful dismissal?

Wrongful termination is when an employee is fired for reasons that violate local laws or their contract. Grounds for wrongful termination include discrimination, denial of intimacy, or refusal to commit an illegal act. Employers often hide the real reasons for firing, making it difficult to prove. Employees have the right to know why they are […]

Dismissal w/ prejudice vs w/o prejudice: what’s the diff?

Dismissal without prejudice means the court can’t rule based on evidence, but the case can be reconsidered. Res judicata prevents multiple trials of the same case. Dismissal with prejudice is a final judgment, indicating baseless lawsuits. It is equivalent to an acquittal in criminal court. In a civil law court, the phrase “dismissal without prejudice” […]

Unfair dismissal pay?

Wrongful termination compensation is paid to employees who have been unfairly fired, often due to discrimination or unlawful reasons. Compensation varies but can include pay for several months, extended benefits, and expenses incurred while looking for a new job. Employers who do not follow proper firing procedures may face a wrongful termination case. Compensation may […]

What’s retaliatory dismissal?

Retaliatory termination is when an employee is fired as punishment for engaging in a legally protected activity. It can result in high compensation fees for the company. Employers rarely state retaliation outright, so investigation is often necessary. Employees who suspect retaliation can contact a lawyer for help. Termination as punishment is illegal in most places, […]

What’s wrongful dismissal?

Wrongful termination is when an employee is fired for reasons unrelated to their performance or ability. It may be considered unfair if the termination is due to pregnancy, union membership, race, gender, or disability. Laws and remedies for wrongful termination vary by jurisdiction, and consulting a lawyer may be helpful. Wrongful termination is termination of […]

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