People who work hard at their jobs will be confused and surprised when they receive notice that they are facing termination—but it happens to many employees. In some cases, employers may give their employees time to transition out of their position, but in other situations, employees are immediately fired and removed from the premises.
A random job loss can cause people to wonder what precipitated it. Many terminated workers wonder if it was something they said or did. Was it insubordination? Misconduct? An inability to work with team members? Poor attendance? Were computers used for non-work reasons? Did budget cuts lead to the firing?
Losing a job can be stressful for a variety of reasons, but it can feel worse and hurt more for people who have unanswered questions about why their employer terminated them. Some people may question if their dismissal was unfair or unlawful.
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What Makes a Firing Illegal?
Employment laws vary from place to place. Many states in the United States consider workers to have “at-will employment,” meaning that employers can dismiss employees for any cause, without warning, as long as the reasons cited aren’t illegal.
In Australia, Section 772 of the Fair Work Act (2009) outlines unlawful reasons for employers to terminate a worker’s employment. Under this act, employers cannot terminate someone because they were temporarily absent from work due to injury, illness, or maternity and paternity leave, or filed a complaint against the employer.
An example of wrongful termination is a situation when an employee witnesses their boss commit inappropriate workplace activities and reports them, and the employer retaliates by firing them. Other unlawful reasons for termination include firing a worker who sought office as an employee representative or participated in trade union activities during working hours with permission or outside of business hours.
Employees who lose their jobs due to any form of discrimination based on race, color, age, sex, sexual orientation, religion, mental or physical disability, marital status, political ideology, pregnancy, or more are victims of wrongful termination.
Australia adheres to the Commonwealth workplace laws that regulate terminating employees. The rules determine if dismissals are unfair or unlawful, what entitlements employers owe workers at the end of their employment, and the next steps following an employee’s release due to redundancy. People can protect themselves by reading about their rights and obligations regarding employment and workplace matters.
How Should Workers Respond to Wrongful Termination?
In all aspects of life, people can protect themselves with insurance. Income protection insurance is as practical to have as health, car, and homeowner’s insurance, as well as other forms of coverage. People can learn about and compare income protection insurance with iSelect, a web resource that offers information about various coverage options and how they work.
Income protection insurance could give earners up to 75 percent of their usual income if an injury or illness causes an inability to work. This form of coverage enables people to support their families, maintain their lifestyles, and manage their financial responsibilities while they aren’t working. Australian life insurance providers offer various income protection coverage policies. Coverage seekers looking for cheap income protection insurance can use iSelect to find options tailored to their occupation, age, income, health status, and any preexisting conditions.
In general, it can be unwise for people to file complaints without the assistance or advice of a practicing legal professional. Workers who believe their termination was wrongful should consult an employment attorney in their area, just as they would turn to a lawyer for a workers’ compensation case if they sustain injuries that prevent them from working.
The best workers compensation attorneys Chicago has to offer, for instance, can help workers who sustained injuries in job-related accidents get the entitlements they deserve. These legal experts provide support and guidance while fighting for their clients to receive lump-sum payments and justified compensation for lost time, benefits, and medical expenses. Workers’ compensation attorneys and employment lawyers work on the behalf of employees to ensure they receive the maximum benefits under the law in the event of an immobilizing injury or unlawful dismissal.
