What to do in case of unjustified dismissal?

In countries such as the United States, filing a lawsuit for wrongful termination can be a difficult procedure to carry out, since most employees are hired «at-will», that is, only through applications completed by job applicants, without an employment contract.

This situation implies that, in the absence of a written and signed legal contract between the employer and the worker, their employment relationship can be terminated at any time, with or without cause without violating the law.

What to do in case of unjustified dismissal?

However, there are circumstances in which the worker can legally proceed against his employer, specifically, when he is sure or suspects that there is an illegal reason for his dismissal or that this has been for some kind of retaliation against him. These cases should be represented by an attorney especially when a work-related accident occurs that leaves a physical injury.

Some of the cases for dismissal maybe

1. Dismissal after an on-the-job injury and/or for needing constant medical attention:

Some employers take advantage of their workers’ fear or lack of information and fire them after they have been injured on the job.

This type of firing is completely unfair and illegal and is done so that the worker cannot file a claim and obtain the benefits to which he or she is entitled by law.

Example 1: The employee receives a temporary disability, and upon formal return to work, is informed that he or she was fired.

Example 2: The employee is unable to perform the work he has been doing for health reasons, and instead of being relocated to another position in the company, he is fired.

2.    Dismissal due to pregnancy

Another case of unjustified dismissal is when a pregnant woman, due to her state of pregnancy, requires regular medical appointments for review and is therefore dismissed.

3.    Dismissal after an accident at work due to discrimination

This is the termination of the employment relationship for reasons of race, sex, origin, disability, sexual orientation, religion or any other group or class that is perceived as a minority.

This includes the types described below:

– Dismissal for taking time off work due to pregnancy.

– Dismissal for demanding overtime pay or rest time or lunch when you are entitled to it.

– Dismissal for taking time off for family emergencies or sick leave.

– Dismissal for retaliating against superiors.

– Dismissal for taking time off to vote or serve on a jury.

Enforcement of unjustified layoffs based on the situations described above carries with it penalties for the employer or company, such as payment of damages to the worker for the loss of wages lost after the layoff, as well as other benefits.