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The Lawful and Unlawful Grounds for Dismissal

By Edited Feb 10, 2014 0 0

There will come a point in an employee's life wherein he has to end his relationship with his employer and leave the company. He may decide on it himself, a decision known as voluntary termination or resignation. The common reasons behind this decision may be the following:

  • Employee has to move into a new residence
  • Expiration of the employment duration
  • Reaching the retirement age
  • The employee has terminal sickness that may eventually lead to death
  • To continue studying
  • To learn other abilities that are necessary for employment
  • To look for a different job which offers bigger salary or a broader work experience

And since employment is a relationship between the employee and employer, the latter also has the right to terminate the affiliation, simply known as termination or the firing of employee. A massive termination of employees is called lay-off, and this often happens when a business experiences financial troubles, which may have been brought by unstable economy (e.g. a country in recession). Employees may be legally terminated for the following reasons:

  • Financial grounds
  • Forced resignation, wherein the employer talks the employee into resigning at will
  • Poor work performance, output, and values
  • Recurring violation of company policies/ employment law

However, there are also certain reasons for employment termination that are unlawful and are considered a breach of employment contract. Reasons for wrongful termination or unfair dismissal by an employer may be the following:

  • Discrimination
  • Dismissal occurred before, during, or after business transfers
  • Dismissal without concrete reason
  • For exercising statutory employment rights by the employee
  • Refusal to conduct improper action
  • Retaliation

Unfair dismissal also happens when the proper procedure for dismissal is not followed. Employees have unfair dismissal rights which allow them to file a claim against the employer's unlawful action. If the employee wins the case, he will have the right to receive damages from the employer. The following elements should be present for the claim to be valid:

  • There is a provision on the employment contract which states that the employee would not be fired unless there is just cause, whether expressly or implicitly.
  • The employer violated a company policy or a state or federal law during the process of termination.
  • The employer committed tortuous actions towards the employee like defamation, invasion of privacy, intentional infliction of distress, etc. because of the dismissal.

Consult with an Employment Law Attorney in Los Angeles to help you solve labor disputes in the workplace.


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