Discharging an employee is not an easy job, but it is badly needed sometimes. The dismissal process may become complicated and fraught with challenges if not taken care of with diligence. Employers can let themselves to potential wrongful termination or unfair dismissal claims.
Wrongful termination and unfair dismissal are frequently used interchangeably, however, they both are different. One main difference between them is wrongful termination is a contractual right while unfair dismissal is a constitutional right. Let’s get to understand their key differences in detail.
Wrongful Termination
Wrongful termination occurs due to a breach of contract. For instance, the employer has discharged an employee without the notice period that is written in the employee’s contract letter. It doesn’t include scenarios where an employee committed an act of misconduct as their employer has valid reason to dismiss the employee without a specific notice.
If your employer acts in breach of any contractual obligations, you make claims for injuries. The damages will reflect the salary and benefits the worker would have gotten had the discharge been in line with the terms of the contract.
There is no certain length of employment needed to make a dismissal claim. It states that the employee is not required to have worked at your company for a certain period before they can file a discharge claim.
Based on the claim value, it will be decided where it will be handled either in a county court, a high court, or maybe an employment tribunal.
Unfair dismissal
The right not to be unfairly discharged is a statutory right written in the Employment Rights Act. According to the Los Angeles wrongful termination lawyers at Yadegar, Minoofar, & Soleymani LLP, a dismissal will be held unfair in the following scenarios.
- The dismissal reason which is not within the scope of potentially valid reasons like conduct or redundancy.
- The employer did not act fairly in the situation in treating it as a valid reason for discharging the employee.
- The employer did not act following a reasonable process.
How at-Will Employment Affects Unfair and Wrongful Terminations
While at-will employment may suggest employers can fire employees for any reason, legal limits still apply. In at-will states, employees can file wrongful termination lawsuits, as employers can’t fire them for illegal reasons. Certain actions, like workplace discrimination, retaliation for complaints, or terminating whistleblowers, are legally prohibited.
These protections, present even in at-will states, ensure employees can’t be unfairly dismissed for protected activities or belonging to specific categories. Understanding these rules is vital for both employers and employees in the at-will employment landscape.
Wrongful termination and unfair dismissal can be used interchangeably by the layperson, however, they both are different. Wrongful termination takes place because of a breach of contract while unfair dismissal is a statutory right mentioned in the Employment Rights Act.
For wrongful termination, you are not required to have a certain service period, on the other hand, you must have at least 2 years of service to claim an unfair dismissal.