Wrongful Termination

[ˈrɔŋfəl | ˌdɪsˈmɪs(ə)l | ˌtərməˈneɪʃ(ə)n]

Wrongful termination means terminating an employee for illegal reasons or failing to follow a termination procedure within an employment contract. An example of a wrongful dismissal includes the following:

  • when an employee is dismissed without being given a notice period
  • when an individual has not been given a full notice period that they have been entitled to

Steps to prevent a wrongful termination

 As an employer it is important that  a correct procedure for terminating an employee is followed. Below are some steps which can be taken before dismissing an employee:

  • Ensure that the employee is given notice to which they are entitled under their contracts, unless the termination is by reason of the employee’s gross misconduct.

  • Only terminate an employee’s contract with pay in lieu of notice if a clause entitling the employer to terminate with pay in lieu is included in the employee’s contract

  • Ensure that contracts of employment are terminated in accordance with the provisions in the contract.

  • Avoid taking steps which amount to a repudiation of the contract of employment, since this will entitle the employee to resign and claim damages for wrongful dismissal (in addition, possibly, to a claim for constructive unfair dismissal).

Part of speech:
Wrongful Dismissal
Use in a sentence:
Learn about wrongful termination to know the violation of federal anti-discrimination laws or a contractual breach.
Wrongful Termination