As we know, most of the workers are hired under the scheme of ‘at will’, that is to say, the boss or employer has the freedom to dispense with the services of the workers if he considers it since he is not legally to follow Employing any particular employee. In other words, as well as bosses, business owners or employers, as well as the employees themselves, have absolute and complete freedom to terminate the existing employment relationship for justified reasons or for no reason at all, however, it is not allowed And is punished by Law that the boss or employer dismisses a worker for an unjust cause.
We are aware that a worker leaving his job can be devastating and worrying, and being fired may be even more so, especially if he considers it was for a wrong reason. As we mentioned at the outset today for many workers may be worrisome for years to come and you will feel nervous about the future and your financial security. You will also think about your family, for the health care or expenses you will have to face while you find another stable job.
Legally an unjustified dismissal or unjust termination is considered an improper act when a worker is terminated from his employment for a cause considered legally inadmissible. Although there may be variations as to the employee at will in each state, federal law is punished throughout the country for this type of acts and there must always be a reason for dismissal. If you want to know what you are entitled to according to the state where you live, consult idaho workers compensation fee schedule ‘area of coverage’ to know your rights and an expert unjustified dismissal lawyer can advise you.
However, the most important thing in a claim for an unjustified dismissal is that the worker or employee can verify that the employer, employer, owner or employer violated one of the employment rules by dismissing him for an unjust cause. A worker who believes that he or she has been unfairly dismissed may have the right to file a claim against his or her former employer and obtain compensation for the misconduct.
When is a dismissal justified?
A boss or employer may dismiss workers if they believe that they have committed a breach of company rules, have committed gross negligence or are committing illegal activities. Here are some possible causes that are acceptable to dismiss and where an employee can NOT file a claim and cannot receive compensation benefits.
- When the worker is not competent in his work activities.
- When it violates the policies or rules of the company previously established and that should have been informed when starting work. (Especially major violations such as harassment, confidentiality or discrimination)
- When accumulating a significant number of unexcused absences or delays.
- By acts of physical violence, he is involved in a fight or by threats to some collaborator.
- When you ingest drugs or alcohol during the working day.
- When you commit illegal acts such as theft, traffic or embezzlement.
- Falsification of information, especially in legal or accounting matters.
When is an unfair dismissal from work considered?
Some examples of unjustified dismissal are those that go against a public policy, the most common are:
- Discrimination by race, nationality, sex, religion, age, sexual orientation, pregnancy, or disability.
- For retaliation for having complained or filed a claim to the employer before a government agency.
- Violation of oral or written contracts.
- For refusing to act illegally or performing any act considered dangerous or unsafe. In this case, it will intervene if, during your workday, you have performed an act that results in an accident at work. You can find more information about accidents as can be: accidents working machinery, workplace injuries, injuries noisy work, injuries from repetitive work , injuries hazardous or toxic jobs , etc.
- Absence due to pregnancy, personal or medical reasons.
- For exercising rights to belong to a union.
- For having some political affiliation.