Understanding Unfair Termination At The Workplace
When an employer fires an employee for illegal or unauthorized grounds, it is referred to as unfair termination in employment law.
It is crucial to remember that if an employer fires an employee in an unethical or illegal manner, they may face legal repercussions. That may imply that the company must compensate the employee in some way, such as reimbursing back pay, monetary compensation for a specific reason, and other forms of relief.
Every employer must accept the truth that their actions have consequences. By that, I mean negative consequences. You can’t just terminate an employee without cause and reward them with a pat on the back; there are consequences.
What are some causes of unfair termination?
An employer may not fire an employee for any illegal or unauthorized reason, as stated above. Some of the following are examples of why an employee could be fired without cause:
An employer is not allowed to fire a worker because of their race or gender. For example, if a company decides to fire any employee who turns 60 for no other reason than their age, this would be an example of discriminatory actions.
2. Taking leave due to serious issues
An employee cannot be fired for taking a legitimate medical, family, or personal leave of absence. For example, if an employee wants time off to care for a sick kid or parent, the employee is allowed to do so and cannot be sacked.
3. Intentional concealment
An employee may be able to file a claim for illegal termination based on false concealment in particular circumstances. When an employer purposefully misleads its employees about their job responsibilities, this is known as fraudulent concealment.
Let’s say an individual quits their previous job to take one that seems to be a better fit. If their new employer or the person who hired them hid the information that they were going to fire all of their employees as soon as the new job was finished to induce them to accept the job, the employee may have a false concealment claim.
However, if you believe you were wrongly fired from your work, it might be in your best interests to seek legal guidance from a local employment law attorney.
A Toronto employment lawyer will be able to evaluate if you have a valid claim, provide legal advice on applicable legislation, and, if required, represent you in court against your employer.
The Employer’s Duty to Provide Accommodation
Employees may have exceptional needs as a result of disease, disability, or other factors that are banned grounds for discrimination, such as a person’s sex, age, family status, or other human rights factors. Employers have a responsibility to accommodate such employees by making the workplace more accessible and appropriate.
Employers who fail to offer reasonable adjustments for employees who require help due to a protected reason may be found to have violated the employee’s human rights. As a result of the employer’s failure to provide adequate accommodations, the employee may have grounds for constructive dismissal.
Is an employee entitled to the ideal solution?
The responsibility to accommodate, on the other hand, does not imply that perfection will be met. Rather, the company must provide “reasonable” modifications even if these fall short of a perfect solution for the employee.
The employee also has a responsibility to make it possible for the employer to make reasonable accommodations.
Is it possible to end the contract if the accommodation fails?
Even reasonable accommodations fail to accommodate an employee in some situations, and the employee is unable to work despite the accommodations.
Any additional accommodations may create an undue hardship for the employer, resulting in undue interference with the operation of the business.
In such scenarios, an employer’s duty to accommodate an employee does not preclude the business from firing an employee who is unable to execute their duties.
How unfair termination could affect your mental health?
You are likely to regard yourself as a dedicated and industrious team player, as an employee within a company. People frequently experience a sense of purpose through their profession, and much of their self-esteem is derived from the role they play at work.
An employee’s job being terminated unexpectedly or abruptly might have a significant impact on their life. They may not only find themselves in a financially precarious situation, but they may also suffer emotional consequences as a result of their actions.
If an employee was fired for an unjust, discriminatory, they may be able to sue and seek compensation for both financial and emotional losses. The following is a list of some of the emotional damages for which you may be able to file a claim:
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1. Job loss might lead to depression
You may be concerned about your finances and the future of your career after losing your work, but you may also feel as if you have lost your sense of purpose.
If you are experiencing any of the signs of depression, you should get professional assistance.
2. Discrimination leads to emotional discomfort
If you believe your job was terminated due to discrimination, it has likely been an extremely traumatic experience for you. Depending on the circumstances, you may have been traumatized or severely harmed and making you questions how society in general views you.
The human resource department is typically an excellent place to start if you have questions regarding policies or concerns about discrimination at work.
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