Wrongful Dismissal: Know How Much You Can Sue
What is wrongful dismissal? Well, it’s when an employee is terminated or fired from the job without any proper cause. On top of that, the employer doesn’t provide any notice of termination nor make any payments in place of notice. The moment an employee is terminated from the job for wrongful dismissal; one question might come up in their mind. The employees might think if they can take the help of an employment lawyer or not to sue the employer for wrongful dismissal. One thing needs to be kept in mind at this point. It is not always that an employee gets terminated from their employment for the wrong reasons. Sometimes the reasons to terminate them are solid. Hence, only after taking into consideration the scenario, a decision can be taken.
Suing for Wrongful Dismissal
Did you receive a sufficient amount of termination pay after being terminated from the job? If the answer is No, you can sue the employer for wrongful dismissal. The action of suing must be left in the hands of the employment attorneys. The purpose of filing the claim or suing the employer is to ask for the damages adding to the termination pay which the individual should have received.
In most cases, it has been seen that when an individual sues an employer for wrongful dismissal with an employment lawyer by their side, the matter gets quickly settled among the parties. The settlement is done through negotiation. However, the lawyer ensures that the laid-off employee gets properly compensated.
Calculation of Severance Pay as a Part of Wrongful Dismissal Claim
What is severance pay? Well, severance pay or dismissal wage is offered to an employee by an employer when the services of the former person are no longer needed. This is given when an employer wants to bring a quick end to the employment of the individual employee.
Usually, the compensation is provided so that it becomes easy for the individual to support their families before they get a new job. Getting a job quickly isn’t possible, going by the age or experience or the experience of the person in his/her past job.
Calculating the Severance Pay
Certain factors help with the calculation of the severance pay. They are age, job employment length, job rank, bonus earned, skills, and more. The employment lawyer with the help of the severance pay calculator can easily determine the range of pay that the worker must receive.
When entering a new job, employees are asked to sign an employment contract. These contracts are used for diminishing the amount of severance pay. The employer is bound to provide the severance pay as a part of the termination clause. In most cases, the termination clause is not properly written and turns to be illegal at the court. This is where an employment lawyer can help you out. They will review the contact to see whether the termination clause is valid or not.
Do you want to protect your employment rights? Do you need protection against wrongful dismissal? Talk with an employment attorney and keep your rights protected.