Wrongful termination of employment is called wrongful for a reason; it’s wrong. There are plenty of valid grounds to terminate an employment contract, and if the correct procedures have been followed, there are no issues. But when those procedures haven’t been followed, workplaces can open themselves up to legal trouble, but it only happens if there is pushback. But why go to the bother of taking on a company that has pushed you out? There are many reasons why.
Toll On The Individual
Being wrongfully dismissed has a considerable impact on the person it’s happening to, especially if they don’t fight back. Regardless of the reason for being illegally fired, it takes a toll on your mental health, shaking your confidence and making you doubt yourself. It becomes harder to find new employment when this is how you’re feeling, meaning you may miss out on money and advancement opportunities. By fighting a wrongful dismissal, you’re taking back power, increasing your confidence and ability to move forward.
Stops Change
When you don’t fight back against a company that mistreats staff, it perpetuates a culture of discrimination and bullying in the workplace. In turn, this creates an unhappy workforce and creates high turnover. Fighting this from within your workplace will make a better work environment and a more successful company to work for. HKM’s specialist discrimination law branch are experts in this field and is dedicated to fighting for positive change within the workplace.
Whistle Blowing
The threat of losing your employment is often used to stop whistleblowing, especially in large businesses prone to large-scale issues. When people feel secure in their position, they’re more likely to come forward with information about abuses within the organization. A company that knows it can’t get away with illegally pushing people out will be less likely to try getting away with other illegal activity elsewhere. And if violations are caught, only those who deserve to be punished will be.
Other Businesses Follow Suit
Some industries already have bad reputations for discrimination against certain groups, and this culture will only change if challenged. If one business thrives while mistreating its staff, others in the area may think they can follow suit. When other companies within an industry see a company being pulled up for behavior such as wrongfully letting staff go, others will avoid such tactics. Companies with good reputations for how the staff is treated will do better in a competitive environment.
Back Pay
Lost income has a detrimental impact on day-to-day living, even if you find new employment fast. The time out of work plus the delay between starting new employment and your first paycheck is hard with no money coming in. you may quickly find yourself in debt to cover the unexpected loss of income. Fighting for backpay can’t stop the stress at the time, but it will pay off the debt, and you may be entitled to additional compensation for the emotional distress caused.
Punitive Damages
When a company is taken to court and found guilty of wrongful termination, they may be ordered to pay punitive damages in addition to back pay and other compensation. These are designed to punish the company and set an example to others, and the amount awarded is at the discretion of the judge.
Change The Future
When a company is taken to court and found to have wrongfully dismissed an employee, it sets a precedent. Future cases will be able to reference this decision, making it easier to prove a wrongful dismissal. In time, this could lead to changes in legislation to better protect employees and make it easier to take legal action.
Get Your Job Back
In some cases, it may be possible to get your job back, although this is more difficult to achieve. If you can prove you were wrongfully dismissed, the company may have to reinstate you in your former role or offer you a suitable alternative role. This is more likely if the company is struggling to find someone to do your job or if your skills are in high demand.
Wrongful termination of employment is illegal and can have a significant impact on the individual involved. If you’ve been wrongfully dismissed, it’s important to understand your rights and options so that you can make the best decision for your future.
