Top 5 Unfair Dismissals Examples That Take Place in Workplace

Top 5 Unfair Dismissals Examples That Take Place in Workplace

Labor law can be inscrutable, but for employees who’ve been fired without cause, it can be the only recourse. Most countries recognize several categories of unjust dismissal, and there are laws that protect employees from some of these forms of termination. A Canada employment lawyer can be consulted if you feel that you have been unfairly dismissed from your company. One category is wrongful dismissal, which describes situations where employees are fired due to discrimination or retaliation.

Another category is constructive dismissal—in these situations, the employee is forced to resign due to an actively hostile work environment. A third category is unfair dismissals. In these situations, an employee is fired without adequate reason, or the mode of termination runs afoul of the country’s labor laws. Ahead, learn more about this type of termination via five examples of unfair dismissals.

Example 1: Service Industry and Unfounded Accusations

Service Industry and Unfounded Accusations

The service industry often churns through workers at a fast pace, and this can create an atmosphere where unfair dismissals run rampant. Here is one example:

A barista goes to check the cash register at the end of the shift. The register is $30 short, and the barista informs the manager of the discrepancy. Without evidence, the manager accuses the barista of stealing. Though the barista claims she’s innocent, she’s fired all the same. This is an example of a potentially unfair dismissal, especially if the barista can provide evidence that she didn’t steal. Maybe the cafĂ© had a security camera, or perhaps the discrepancy was due to a discount that wasn’t recorded in the books.

Example 2: Tech Industry Employee Swap

Tech Industry Employee Swap

Unfair dismissals don’t just happen in the service industry. Take the following example:

A successful tech company hires an experienced candidate to run their PR department. The new PR manager produces excellent work, and the company gives him no reason to doubt his place in the company. One day, however, the CEO meets someone with interesting PR skills at a tech convention. They want to hire this new candidate as PR manager, and decide to simply fire the current manager. In certain countries, this would qualify as unfair dismissal.

Example 3: Restructuring Demotions

Sometimes, unfair dismissals are a result of company-wide changes that leave certain employees in the dust. Consider:

A part-time employee for an in-home respite care provider receives an unexpected promotion when the company decides to expand their services. While she formerly worked as a care worker, she’s made the manager of the new Parkinson’s unit because of her experience and qualifications. She performs her job admirably for a year. After another company-wide restructuring, however, the Parkinson’s unit is condensed into the broader dementia unit. The company gives her two options: return to her part-time work, or quit.

Example 4: Denial of Benefits

In some scenarios, a denial of benefits can lead to unfair dismissal. Take this example:

In Australia, all workers are entitled to public holidays and annual leave. An Australian man applies for a part-time government job via a grant program, and for the first six months, his wages are paid for by this special grant. After this period, he receives confirmation that his part-time job is permanent, and that his wages will now be paid by his employer. He should be eligible for the standard benefits afforded to all workers, like holidays and leave, but his employer refuses. If this conflict leads to his dismissal, it might be legally unjustifiable.

Example 5: Working Time Violations

Many countries have specific laws in place regarding working time, ranging from the number of hours an employer can legally ask employees to work per week to mandatory rest breaks. For example:

A factory employee is legally entitled to a set number of breaks each shift. Their employer only allows them to take 75% of their allotted breaks. When the employee files a complaint, they’re fired. In certain countries, like the UK, this form of dismissal would likely be illegal.

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Impaired Driving Accidents: Understanding Responsibility, and Settlement

Impaired Driving Accidents: Understanding Responsibility, and Settlement

Drivers have a responsibility to safeguard others while on the road. While criminal and civil statutes mandate rules of the road, not everyone follows them. Persons suffering from substance abuse problems, in particular, may dangerously disregard the law.

Driving while under the influence can lead to a life-altering accident. After the collision, the person responsible for the crash faces the consequences. Among the consequences is a negligence lawsuit.

Negligence and Responsibility

At the center of any impaired driving car accident case is the question of negligence. Under the law, negligence refers to a failure to drive safely on the road leading to someone’s injury. Choosing to operate a vehicle while under the influence of drugs or alcohol reflects a disregard for safety.

The driver now becomes responsible for all injuries. Injured parties, however, must take all the necessary action to recover damages. The complexity of the process depends on several factors.

Filing an Insurance Claim

In most states, driver’s are required to carry auto liability insurance. The insurance covers the driver in case of an accident. So, when injured by an impaired driver, you can seek a settlement from the insurance company up to the limits of the policy. Retaining the services of an attorney may prove helpful. The insurance company might offer a low settlement. An attorney can fight for a higher amount or file a suit to seek a judgment in court.

Coverage Limits

The point about insurance companies only covering up to the limits on the policy can create some concerns. If the negligent driver’s liability insurance maxes out at $100,000 and inflicts $200,000 in damages, an attorney would need to sue the driver for the amount above policy limits. The assumption here is the driver has $100,000 in assets. Suing someone you cannot collect from fails to make any sense. So, the injured party often relies on getting the best settlement amount from the insurance company.

The Basics of a Settlement

A settlement offer refers to a lump sum payment to end all litigation. Settlements can make things easier for all parties. Injured persons stand to benefit significantly from a substantial settlement offer. Upon receiving the settlement check, the funds can go towards covering losses from the accident. Address medical bills, lost wages, and more with the settlement money. Litigation could take much longer and without any means of predicting the jury award.

Strong Settlement Representation

Insurance companies seek to protect their interests. While obligated to cover losses deriving from an impaired driver’s negligence, the insurance company still argues just how much the negligence cost. The insurance company wants to cut its losses. By accepting a small, unfair settlement offer, the injured party may serve the insurance provider better than him/herself.

Seeking solid representation becomes the responsibility of anyone injured by an impaired driver. Negotiating directly with the insurance company may prove disastrous. Turning over these duties to an attorney could lead to a favorable outcome.

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