What Settlement Can You Get in Case of Illegal Dismissal?

Last Updated on March 21, 2022 by Admin

An employer can not only hire employees but also terminate their employment relationship. However, the dismissal must comply with all legal requirements and provide the dismissed person with the opportunity to look for a new place or start processing the necessary documents. 

If the employee’s rights were not taken into account, and the laws and decisions of the courts were violated, then the employee who finds himself in such a situation is entitled to compensation for illegal dismissal. You should look for an employee rights lawyer to help you seek compensation for the abuse and damages caused.

What indicates an illegal dismissal, in which compensation is collected

The dismissal procedure established by most courts includes:

  • timely notification of the employee about the upcoming dismissal;
  • an indication in the notice of the reasons why the employer made such a decision;
  • giving the dismissed person the right to a hearing;
  • informing the dismissed person of the right to have his lawyer present at the hearing.

If the employer violated this procedure, the dismissal is considered illegal. Additional indications of illegality can be considered factors such as:

  • discrepancy between the terms of dismissal and the provisions of the collective agreement or personal employment agreement;
  • a non-professional reason for dismissal, for example, personal hostility, religious intolerance, racial or personal characteristics of the employee.

What compensation is paid upon dismissal?

The amount of compensation depends on many conditions, including:

  • How timely did you seek the advice and assistance of a lawyer?
  • How completely did you record everything that happened before the dismissal with you and your employer?
  • What provisions are included in the collective agreement and the personal employment agreement?
  • What are the consequences of illegal dismissal?

However, the most important factor in the amount of compensation is the right choice of a lawyer. The high level of basic legal knowledge and successful experience in resolving labor disputes, which distinguish most lawyers will include:

  • Carefully prepare for a possible layoff.
  • Justify the illegality of the actions of the employer.
  • Get the maximum possible compensation from an unscrupulous employer.

Advice on labor disputes

There are hundreds of complaints every day from workers who face violations of their rights by their employers. However, before you go with a statement to the labor court, it will not be superfluous to take advantage of the advice that a labor dispute lawyer will provide.

The consultation will allow you to:

  • prudently avoid most of the labor conflicts and thoroughly understand your rights and opportunities;
  • clarify the actual state of affairs, possible prospects for the development of events, and the ways available to you to influence what is happening;
  • choose a way to solve your problem;
  • enlist the help that an employment lawyer can provide if litigation proves to be the only way to justice.

Employment disputes advice may include consideration of your specific situation and any issues of labor law compliance that are important to you. Take your time to find the right employment law attorney to help you in your case.