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What to do in case of wrongful termination?
Wrongful termination occurs when an employer terminates a worker's contract without a valid cause. Generally, when this type of situation arises, the affected person has the right to receive compensation. If you have questions about the difference between termination with or without cause, what to do in case of wrongful termination, or the procedure to follow if it happens to you, review this information.
In all countries, labor legislation contemplates the rights and duties of workers and employers and although there may be some differences regarding type of contract, salaries, working hours, and others, the causes of wrongful termination are surely similar.
Causes of wrongful termination:
Pregnancy
When a woman tells her employer that she is pregnant, the employer may consider terminating her because of all the implications regarding work absences, leave, and monetary compensation. Additionally, some employers may see absences for medical appointments or check-ups as grounds for termination.
Generally, women have legal protection and their pregnancy is not an impediment to performing their duties nor is it grounds for termination. If this happens, they can sue to receive compensation and in many cases reinstatement to their position.
Discrimination
It can occur in many forms and happens when the employer uses characteristics inherent to each person, such as gender, religion, nationality, disability, among others to terminate their subordinates.
Citing these characteristics to justify termination is unlawful and can be subject to legal action. Keep in mind that it is important to have evidence that demonstrates that you have suffered discrimination and subsequent termination. As in the case of pregnancy, it is possible to sue.
Retaliation
It can occur when there is a poor relationship with the worker and therefore, the supervisor uses some situations as grounds for termination, such as requesting leave for a medical appointment or attending to a family emergency, while also claiming payment for hours or because the worker does not accept working outside their regular working hours, including weekends. More serious cases can occur, for example, if the employer requires the worker to commit illegal acts to benefit the company or a third party and the worker is terminated for not obeying.
Contract terms
When a contract is signed, clauses related to duration, salary, duties, etc. are usually included. These contracts can even be more specific when it comes to temporary projects and the employee is required for a specific period. If the worker fulfills all their duties and yet the company decides to remove them from their position without reason, as an employee it is possible to request compensation.
Physical injury
If an employee suffers a physical or psychological injury from performing their duties or if they get injured outside their workplace, are disabled, or must be absent from their shift because they require therapy and the employer uses these reasons to terminate their worker, it is undoubtedly wrongful termination.At Conexión Legal we offer free legal advice for cases of wrongful termination; contact us through this channel via the WhatsApp icon or by scheduling your consultation and explore alternative solutions for your case.
What about terminations with just cause?
To determine whether the termination is justified or not, the causes must be considered. Grounds for justified termination include acts such as arriving at work intoxicated or under the influence of psychoactive substances, failing to show up to work or repeatedly arriving late without a valid reason, assaulting a coworker, falsifying documents, breaching confidentiality agreements, violating company policies or regulations, and of course failing to perform duties successfully.
If after analyzing the facts related to a termination, as a worker you believe that the company removed you from your position without just cause and you wonder what to do in case of wrongful termination, the most advisable course of action is to file a lawsuit to request compensation, which depends on factors such as type of contract, position, and salary. Additionally, you can claim damages and losses caused by that decision.
Since it is normal that these situations catch you by surprise and you are unclear about the process you should follow, a labor law attorney will help you identify what to do in case of wrongful termination. With an expert in this area you will be able to demonstrate that you were removed from your job without just cause and you will be able to receive compensation, which includes, among other things, payments for unpaid or overdue wages, travel expenses, and medical services not received.
Now that you know more clearly what to do in case of wrongful termination, the causes, and the steps you should take when your termination is not justified, we invite you to get in touch with us so that we can resolve your concerns and advise you throughout your entire process, so that it is resolved in the best possible way.
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