When an employer fires an employee for reasons that violate their employment contract or laws, it’s called an unfair dismissal. In the U.S., “unfair dismissal” is synonymous with wrongful termination and encompasses any sort of unlawful firing. As the HR, understanding what went wrong and what to look out for helps your firm safeguard against terms of unfair dismissal. Read on to learn some examples of unfair dismissal and red flags that might show an unlawful firing.
Examples of Unfair Dismissal
An unfair dismissal could be part of many firing scenarios. If any of the following reasons caused an employee to leave, they could consider it unfair dismissal:
- The employee engaged in a union
- The employee was a whistleblower
- The employee requested accommodations at work
- The employee applied for maternal/paternal/medical leave
These are just a few examples of unfair dismissals. Although much of the U.S. practices at-will employment, which gives employers the right to terminate anyone with or without reason, there are multiple cases of unfair dismissal. Constructive unfair dismissal happens when an employee must leave their job against their will. This could result from an employer’s actions, such as sudden demotion, reduction in pay, or changes in roles.
Signs of Unfair Dismissal
Lack of Documentation
Termination of an employee must come with a trail, a record of all the steps that were taken before deciding. Improper documentation, or lack thereof, hints at a hurried and immediate dismissal. With the right documentation, the employee could defend themselves in legal situations, offering transparency and justifications for the employer’s choice. Consistent documenting ensures every step taken would withstand scrutiny from internal reviews.
Retaliation against Whistleblowing
Termination in retaliation for reporting illegal or unethical behavior lacks sufficient justification, compromising ethical business practices. Whistleblowers who report such acts are the ones who hold accountability within organizations. Firing them not only erodes trust but also brings further legal trouble.
Lack of Issues in Performance
Firing someone with no concrete evidence of poor performance or work conduct will raise a lot of questions regarding fairness. Terminations that lack ties to poor performance show bigger problems, such as bias or discrimination. Transparent processes in appraisals protect the company from wrongful claims of termination.
An unfair dismissal echoes beyond legal challenges, eroding trust and morale within teams. It fosters an environment where employees feel undervalued or insecure, hindering productivity and growth. Treating everyone fairly helps keep the workplace positive.
