The Most Common Examples Of Unfair Dismissal

manager yelling at an employee
Photo by Yan Krukau:

Job loss is always a devastating experience. But when you are dismissed from your job role in a way that infringes on employment laws or contradicts your employment contract, there are steps that you can take.

When it comes to standing up for yourself after being fired unfairly, the best course of action is to consult an employment lawyer. This kind of specialized lawyer will evaluate your situation and the circumstances surrounding your dismissal to build a strong case. If you have been fired unfairly according to federal laws, you will be able to seek compensation from your employer.

Nevertheless, here are some of the most common examples of unfair dismissal.

Retaliation To A Complaint

If an employee lays a formal or informal complaint for anything connected to their employment, such as bullying, excessive work hours, or even unfair pay, employers cannot respond with retaliation.

In more delicate situations where an employee blows the whistle on illicit activity within a company, employers are still not allowed to retaliate in any way. For this reason, federal laws protect whistleblowers while enforcing fair treatment for employees who take a stance against workplace hostility.

Forming Or Joining A Union

While many employers cringe at the mere thought of their employees forming a union, it’s perfectly legal and often expected that professionals are a part of a union. Because unions enforce fair standards, bargain on behalf of collective employees, and shun the unfair treatment of employees, these organizations are essential.

Filing A Compensation Claim

If an employee is injured at work or while performing job role responsibilities, they are legally entitled to fair compensation and sufficient recovery time. Moreover, employers may not retaliate compensation claims nor retaliate to additional time off to aid recovery.

Refusal To Work Overtime

Labor laws aim to ensure employees are never overworked and underpaid. With this, there are set maximum hours and overtime pay scales that employers must adhere to. Even if your employer expects you to work excessive hours without fair compensation, you are legally entitled to decline without compromising your employment status.

In addition, employees are also legally entitled to fair paid time off according to contractual clauses. If employees retaliate to leave requests, employees should consult an employment lawyer.


Discrimination is, unfortunately, a prominent problem in society. When it comes to the working world, toxic work cultures see many protected classes experience discrimination in the form of unfair dismissal, unfair pay, and unfair treatment.

Your employer cannot terminate your contract for discriminatory reasons; this means that you cannot be dismissed due to pregnancy, disability, age, race, gender, or religion.

While several employment laws have been enforced to ensure all professionals are fairly treated, toxic work cultures are still a significant concern. So, if you have been fired unfairly, it’s crucial to consult an attorney to prosecute your employer and lend a hand in abolishing hostile work environments to create better working conditions and standards for everyone.

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Max Liddell
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