Losing a job can be a scary time for anyone, especially if you believe you were wrongfully dismissed. When you are fired, you may think that you deserve another chance or your employer was too harsh or unfair to you.
In such times, the law allows you to file a claim of unfair dismissal against your employer to protect your rights. However, it can sometimes become challenging to understand the difference between what is fair and unfair. If you need help, you can hire a business litigation attorney in Clearwater, FL.
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What Is Unfair Dismissal?
Unfair dismissal refers to the dismissal of an employee by an employer without an acceptable or no reason at all. Even if the employer had a reasonable reason, the termination might still be called unfair if it was not carried out using a proper procedure. For example, some states require the employer to issue a notification 30 days prior.
This law, however, is not applicable in Florida. Therefore, if your employer has dismissed you for an acceptable reason without warning, they are within their rights to do so.
What Makes A Dismissal Fair?
A fair dismissal involves terminating an employee for valid and legal reasons and acting reasonably during the procedure. The Employment Rights Act 1996 mentions five fair grounds for dismissal. There are as follows.
Misconduct
Every workplace has a written set of rules known as the “Code Of Conduct,” which describes employees’ acceptable and unacceptable behaviors during work. If an employee fails to abide by these rules, the employer is allowed to fire them. Misconduct may include theft, fraud, harassment, or a series of minor offenses.
Redundancy
A situation of redundancy often occurs when a business is going through a stressful time or is downsizing. When a company suffers from losses, it may have to terminate a few employees for two reasons. First, they may be unable to afford their salaries, and secondly, there might not be enough work for everyone.
Incapability
When employees are physically or mentally unfit to perform their job duties, they have to be dismissed as they are not contributing anything to the company. However, dismissal cannot occur straight away. The employer first must take steps to support their employee to do the job.
Statutory Restriction
If doing your job is considered a breach of law, your employer has all rights to terminate you. For example, suppose you work as a pizza delivery man/woman, and you lose your driving license for some reason. Then, it would be illegal to drive a vehicle.
Some Other Substantial Reason (SOSR)
Employers may rely on this reason when the other ones do not apply to their situation. For example, the employee may face years of imprisonment or refuse to accept the new terms of the Code Of Conduct.
