Employment Law Cases
The issue of whether or not an employee is properly entitled to wrongful termination is complicated, and yet no single answer exists. Employers may very easily escape liability for a myriad of reasons, but even some of these are much more common than others. In fact, one of the leading causes for employees filing wrongful termination claims is often related to the fact that their employer had not previously bothered to let them know of any potential problems. To battle this dilemma, courts often require prospective plaintiffs to show why the employer’s failure to warn them of possible problems goes beyond the normal expectations of business owners. In turn, employers are also required to show why such negligence can be reasonably attributed to some particular actions, rather than an overall lack of supervision or communication.
Whistleblowing at work is often seen as the most serious type of employment law case. In wrongful termination cases, especially, it is important for the employee to clearly demonstrate that they were wrongfully terminated for whatever reason, so that a jury can decide whether they should receive their former salary and benefits as a result. In order to make a whistleblower claim, the employee must show that they have a legitimate reason for reporting the wrongdoing to a higher official such as a supervisor or superior, and that they have done so with the full knowledge that what they say will not be leaked or suppressed. Additionally, a whistleblower must also establish that their firing was unwarranted given the circumstances.
Another area unit that has been used in recent years is that of whistle blowing, or more accurately, put your story forward, in an attempt to bring about change or eliminate bad working conditions. Employment law in this area tends to be less complex than that of a traditional court case, because often it is based on a set of rules (such as the Act) that have already been established through previous cases by lower court judges and juries. While there may be certain elements of a situation that is unique to each case, many of these cases fall under the same general principles, namely that the employer, while having the power to terminate an employee, must take reasonable steps to make sure that they are following acceptable employment law.
Employment Law Cases – Identifying Mistakes Made by Corporate Arbiters
In a typical workplace dilemma, an employee who feels that he/she has been unfairly dismissed from their job, often decides to take their story to the tribunals closest to them. This generally means going to the local courthouse where that law is applied, or to one of the several judicature bodies within that region. In doing so, the employee often faces the possibility of facing a long and expensive battle in the form of a legal representative from the employer who will argue that the decision to dismiss the individual was fair. However, if that employee chooses to go it alone and represents themselves in the courtroom, they will only be putting themselves in a position to further antagonize their employer and put a great deal of expense into the process.
There are many good reasons why the employee should not feel that they need to go it alone. First, in most instances, the employee did not act in bad faith; the employer actually has a legitimate reason for terminating the employee. Second, most employees do not understand the intricacies of employment law and the intricacies of how courts will apply the above rule of thumb. Third, the legal instrument known as the wrongful dismissal statute provides employers with a legal shield whereby they are immune from having to prove any fact in the case. Finally, an employee who decides to sue for damages because they feel their employment has been unfairly terminated, tends to put themselves in a position where they might further antagonize the employer.
Employers who are looking to avoid costly and time-consuming lawsuits must recognize that this is a delicate area of the law and that they need a skilled legal representative on their side who can effectively cross-examine the employee’s claims and convince the adjudicator that his or her actions fall within the boundaries of the law. The legal representative needs to be skilled, aggressive, knowledgeable, and relentless. The employer needs to ensure that his legal representative is not intimidated or dissuaded from fighting for the employee’s version of the story. If you have become the victim of wrongful termination, you may wish to consider a case study to guide you in the preparation and representation of your lawsuit.