One of the most common questions related to the law that many people will face in the course of their lives is whether or not they can sue their employer for unfair dismissal. The nature of the modern workplace raises many issues which can lead to a situation which you are forced to resign or your employer choses to ‘let you go’ or ‘give you the sack’. There might be a personality conflict with one of your bosses or coworkers. You may be performing tasks or duties that you do not really feel comfortable performing or the business that you are in may be facing tough economic conditions because of challenges which present themselves in the modern economic climate.
Luckily, if you are dismissed by your employer there are a number of legal remedies which might be available if you consult an employment lawyer for legal advice on the issue. There are a few different types of dismissal. Firstly, there are unlawful types of dismissal. This is where you are dismissed for a reason which amounts to discrimination because of your membership of a particular social group or class such as an ethnic group, a religious group, a national identity, your gender, sexuality, marital status or disability. All of these types of characteristics, when used as a reason for dismissing someone from employment amount to unlawful dismissal. The reason for the existence of the law of unlawful dismissal is to protect people from the harsh consequences which result from being singled out for being a member of a minority group such as the ones identified above. If you think that you have been dismissed unlawfully, you can complain to your local state department of labor or to the federal equal employment opportunities commission depending on the nature of the complaint.There is another type of dismissal known as unfair dismissial which is usually described as being applicable in a situation where there is a dismissal that is ‘harsh, unreasonable or unjust’. Usually the assessment of these criteria is very much a subjective assessment on the part of the judicial officer hearing the case and the allegation being made when suing for unfair dismissal is not as serious as when it involves what is known as unlawful dismissal. Again, it is possible to complain about the conduct of an employer in relation to unfair dismissal to the local state department of labor. However, the federal equal opportunities employment commission does not involve itseld with wronful termination cases of this nature.