The most common reason employees file for unfair dismissal, when it comes down to it, is lack of communication from the employer. Yes, there are legal causes of action that former employees bring alleging discrimination or retaliation, which certainly happens in some workplaces. At the heart of a lot of the disputes that arise, however, is this notion that the employer never told the employee their performance or interpersonal skills wasn’t up to par. When an employer fails to communicate with their employees regularly, then many employees feel blindsided and consider litigation.
An employee cannot be dismissed for exercising their right to apply for paternity, maternity, or adoption leave. Employees are entitled to up to 12 months of unpaid parental leave if they are going to have a baby or adopt a child. Additionally, if available, employees have the right to paid parental leave as described in the conditions of the policies set by their employers. Termination for exercising this right is grounds for unfair dismissal.
While there are a number of reasons employers cite when dismissing an employee from the office, the one reason that seems quite common is failure to perform. And this is also one of the most common reasons employees file for unfair dismissal. The situation is quite understandable from the standpoint of both parties. While companies work on the foundational requirement that a certain amount of commitment or performance delivery is essential for a worker to be able to hold on to a job, they are also right in dismissing an employee who is repeatedly falling short. On the other hand, employees are often left confused on how their company can peg the onus of below-par performance on them alone, leading them to challenge these grounds for dismissal as unfair.
In our field, we encounter many low-income earners who face difficulties as a result of being let go for discrimination reasons. It is never highlighted, but their dismissal can be as a result of sickness, disability or many other factors that prevent the employee from perfecting the work as can be. When these cases are let go, it is very common for employees to file for unfair dismissal as their condition was not taken into account and was not accounted for by the company leading to letting them go.
Retaliation against workers who file Fair Labor Standards Act violations is common, even though it’s legally prohibited. One example is in 2006, when an employee of a plastics manufacturer was fired from his job because he complained about the location of time clocks. Those clocks, according to the employee, were strategically placed far away from the area where workers put on their protective goggles and other gear. It was done to keep them from putting on their gear while on the clock. Workers were forced to punch in after spending several minutes per day preparing for work. The employee was fired and he filed suit against the company – and it was a case that made it all the way to the U.S. Supreme Court. The high court ruled 6-2 in the plaintiff’s favor.
Employers often find themselves on the wrong end of an unfair dismissal claim when they are in violation of the Family and Medical Leave Act (FMLA). Many business owners have little knowledge of this statute and do not realize that employees have the right to inquire about their medical leave and or the specific guidelines that are on the books to protect those rights. An employer cannot terminate an employee within 30 days of requesting medical leave or within 90 days of returning from one. Any exception to this rule, the employer is burdened with proving that any action taken against the employee was justified absent medical leave reasons. Although these legal requirements have been around for some time, it is still one of the most common reasons for wrong termination cases.
One common reason for filing a wrongful termination claim is an employer's violation of public policy. In general this applies to employees who believe they were fired for refusing to help their employers break the law. In other cases, a fired employee may have simply objected to unethical business practices. For example, a company accountant might object to being asked to do excessive tax write-offs. Employers may opt to behave unethically. The law however, protects employees should they be forced to make a choice between participating in unethical behavior or risk losing their jobs.
Though at-will employees can be terminated from their role, employers that violate their own written company policies or give false reasons for termination can be found guilty of unfair dismissal. When a business creates an employment contract, code, or conduct manual, they are bound to follow the rules they establish. If a company states an employee will receive written warnings before termination and they aren’t, the company has unfairly dismissed them. Similarly, many employees claim the reasons for dismissal cited to them were false, creating a potential case of unfair dismissal.
The most common reason employees file for unfair dismissal is when their employer has breached their contract of employment. Employees may also feel that they have been unfairly dismissed if they feel that their employer has acted in a way that is inconsistent with their responsibilities as outlined in the contract.
We have all heard the saying “Get it in writing”, and it is backed in truth as one of the most common reasons employees file for unfair dismissal is a violation of implied contract. Management communicates ideas and expectations to their employees all of the time, however, even if those are not written down, under many laws, they can be found binding under the umbrella of implied contract. The issuing of an employee handbook, verbal communication about job security, or stating if expectations are met there will be future benefits, can all be considered implied contracts and even if they are not on paper, can be just as impactful. It is important to note that how actions and words are interpreted is subjective, and what many employers think is benign language, can in reality be, an actionable contract.
CEO Founder at Quiet Light
Answered 3 years ago
When contracts or employment agreements are in place, your employer cannot break the contract while firing you. Contracts often have limits on an employer's right to fire a worker, and if they violate these terms, there might be grounds for a lawsuit. Even if you did not technically sign a contract with your employers, there are instances where an employee can file a lawsuit for violation of an employment agreement. "Implied contracts" are agreements that are suggested by the employers' actions on even the job offer letter.
An employee who has been dismissed as punishment for making a complaint may have good grounds for filing for unfair dismissal. Employees can find themselves in this predicament after coming forward to report an issue such as harassment, safety breaches, or non-payment of overtime. This can also apply when an employee becomes a whistleblower by reporting illegal conduct at work such as lying to shareholders, producing dangerous products, or tax fraud. There are laws protecting employees from retaliation, but these vary from state to state, and having a lawyer to advise and provide legal representation is recommended. An employee who makes a successful retaliation claim will receive a combination of back pay, incidental expenses, and legal costs from their former employer.
Performance and metrics can be a thorny issue in the discussions between the employer and the employee, and compromises can sometimes be hard to find. Some employers expect all employees to be hitting unrealistic targets at all times, others allow a little more leeway. Disputes can arise however when one, or both parties are unclear about expectations, especially if targets are constantly changing. In addition, if the employee is not given sufficient training or resources to allow them to reach the targets they can feel that disciplinary actions up to dismissal are unfair to them. To avoid claims of unfair dismissal against them, all employers should be constantly monitoring training facilities and ensuring that the employees are equipped with the necessary knowledge and tools to meet the challenges set for them.
With an aging workforce and the Baby Boomer generation working long-past standard retirement years, age discrimination and unfair dismissal happen all too often. Terminating employees over 40 to make space for younger teammates is inappropriate and unfair, but some employers are desperate to retain top young talent. Age discrimination-related unfair dismissal can be hard to spot sometimes, as if an older employee isn’t meeting their role’s standards or performance goals, the termination may be valid.
If the employee is fired, it might have an impact on their career history and future employment opportunities. If they believe they were wrongfully fired, it might be crucial to clear their name. The employee and employer might be able to come to an agreement to have the termination canceled and for the employee to officially resign. If the member determines that an employee was dismissed unfairly or without cause, their name can be cleared. This prevents future issues in finding jobs as recruiters give importance to employment history and background. Most employees file for unfair dismissal most times for this reason.
Employees can file unfair dismissal if they are fired for enforcing their right to receive the national minimum wage. There are instances when employers do not want to pay more, exploiting people by paying less than what is required by law. These companies also intend to dismiss employees who insist on being paid appropriately based on legal rulings or those who are about to qualify to get the minimum living wage. Separated employees can file a complaint to a tribunal, as the dismissal is considered automatically unfair. If the court finds the employers guilty, heavy fines will be collected, and the victimized employees will be entitled to receive worker compensation from the party at fault.
The most common reason an employee would file for unfair dismissal is if they believed their dismissal was handled unreasonably. For example, if an employee feels they were not given adequate notice, they may file for unfair dismissal. A minimum notice period is just one of several statutory employment rights. Additionally, if an employer dismisses an individual for trying to exercise a statutory employment right, it is considered an unfair dismissal.
While the actual legal claim may vary based on the exact situation, most claims for wrongful termination or unfair dismissal stem from one thing: employer retribution. Typically it is a boss’ retaliation for an employee act that serves as the root cause of a wrongful termination claim. Typical employee actions that lead to the eventual termination include employee whistleblowing, filing a workers’ compensation claim or reporting a work injury, taking employee leave, or making wage and hour complaints. In other words, typically an employee will do something or complain about something that the employer finds irritating or costly, which in turn leads the employer to unlawfully dismiss the worker. Thus, from an employer perspective, you need to be extremely cautious about taking vindictive action against an employee for acting within their rights. This is usually the basis of most claims.
Oddly enough, the most common reason that employees file for unfair dismissal is that no reason has been given, or that the reason they were given is unclear or unjustified. An employer cannot dismiss an employee for no reason. The reason for dismissal must be made clear and they should be able to prove if necessary that the correct actions have been taken both before and during the dismissal. If this cannot be proved the employer risks facing a claim for unfair dismissal.
As mental health problems are getting recognized and valued, it is also impacting organizations. Organizations want employees who are active and satisfied in their life, not the other way around as it can impact their work, leading to low results. But there are some very common ones like ADHD. Attention-deficit/hyperactivity disorder or what we say ADHD leads the person to become less attentive and lose focus easily. On top of that, the person becomes hyperactive easily and shows impulse behavior. This constant change in behavior can also disturbs others close to them. And while none of them is their own fault, the organization doesn't want them due to their symptoms of it. It should be our duty to understand them and see them as normal human beings. Organizations should give work opportunities to them as their hyperactive brain is great for creativity as well.