Wrongful Dismissal Settlements
Wrongful dismissals in employment law are not as rare as one might think. In fact, the problem is more widespread that most people would believe. As a result, employers must be extremely careful when making the decision to fire an employee for any reason. Employers cannot simply fire an employee without providing a justifiable reason for doing so. The first step, employers must take is to make sure that the employee has been given notice of the charges against him or her. There are some cases where the employee has been notified of the charges, but the employer has failed to provide a justifiable reason for doing so.
If an employee is let go after he has been informed of the charge against him, he has every right to bring the matter before an administrative law judge. If the employee is able to prove that there has been wrongful dismissal, the court will issue an order that the employer must cease and desist from discharging him or her. This means that the person will be compensated for the legal fees incurred as well as other forms of damages. The employee may also recover lost wages, medical expenses, and in extreme cases, punitive damages. The employer may be held personally liable for other civil damages awarded to an employee who sues for wrongful dismissal settlements.
In addition to compensating the employee for legal fees, wrongful dismissal settlements also often compensate the employee for emotional distress as well as other forms of mental anguish. The majority of cases will award the employee a monthly or annual leave compensation as well as a retirement allowance. However, most cases will not allow the employee to recover his or her pension or any form of bonus. Another aspect of these cases that often results in huge monetary damages is the negligence of the employer in determining the amount of the monthly or annual leave compensation. Most employers fail to properly calculate the amount of the monthly or annual leave compensation and are not even aware of it until a lawsuit is brought against them. This results in a catastrophic loss for the employer and for the employee.
Why Is Wrongful Dismissal Settlements So Common?
Fortunately, employment law attorneys are very knowledgeable about these types of cases and have a very good understanding of what exactly goes on during these proceedings. As a result, many employment law attorneys work pro Bono for their clients, saving them money. Unfortunately, there are still many cases of employers engaging in conduct that would classify them as being in violation of their employees’ rights and, in the worst case scenario, they may even be fired from their job.
When an employee suspects that he or she has been dismissed unfairly through no fault of his or her own, an employee may ask for monetary damages based on what the employer has done wrong. If it is determined that there was an unfair dismissal, the employee can receive monetary damages based on the perceived offending actions of the employer. The employee may claim for punitive damages as well. Punitive damages refer to the employer who has violated the employee’s right to work. Punitive damages will not only come in the form of financial losses, but can include mental pain and suffering.
An employee can also ask for damages in relation to the amount of time that the employer spent investigating the potential for a lawsuit as well as the amount of time that it took to conclude the investigation. Damages awarded in this type of case can be recovered from the offending employer. Lastly, an employee may also seek damages based on negligence. The court will look at how much it was worth to the injured party to allow for an award of compensation for negligence.