What is Wrongful Termination?

Wrongful termination is the act of discharging a person from his or her job in a manner that infringes upon the law. It may occur if the employer discharges an employee on unfair grounds, violates the work contract, practices discrimination, or retaliates against the employee for exercising their legally protected right.

In This Article

• Wrongful termination meaning
• Wrongful termination grievance letter
• Wrongful Termination of Employment in India
• Wrongful Termination Compensation
• FAQs

Grievance Letter for Wrongful Termination

The first and foremost fundamental act while drafting a grievance letter in regard to wrongful termination would be to pen down your concerns along with the details of your requirement. Now, here is a simple step-by-step guide on how to write such a letter:

1. State your Information: At the beginning, give your name, address, and contact information. Mention the date at the very top of the letter.
2. Address the recipient: Address it to whosoever is relevant, be it your supervisor, the human resource manager, or whoever is in charge of handling grievances.
3. State the purpose: Clearly state at the beginning that you are writing to address the issue of your wrongful termination.
4. Provide details: Describe, in particular, the events that led to termination, including dates, times, locations, and any other relevant events or conversations.
5. Identify specific violations: State any employment laws, company policies, and contractual agreements that were violated, in your opinion.
6. Describe what happened from your perspective: Present your account of the situation by expounding on the facts in support of your claim for wrongful termination.
7. Attach documentary evidence: Attach photocopies of any documents related to the case, such as emails, letters, and performance reviews, among others.
8. State the impact: Explain how this termination has affected your personal and professional life.
9. Express the desire for remedial action: State clearly the redress or actions you want to pursue, including reinstatement, award of compensation, or formal review of the terminating decision.
10. Provide contact information: Include contact information that is most relevant to you, for further communication.
11. Closure: Express a belief in a just resolution towards the end of the letter.
12. Professional tone: The tone of the letter should be professional and courteous. It should not contain any emotions or blaming.
13. Proofread: Proofread the letter well before sending to ensure clarity and preciseness of information.

Wrongful Termination of Employment in India

Wrongful termination is whenever employers fire workers in India without following the proper procedures. Some examples include:

• Discrimination: Discharging an employee on such grounds as age, race, sex, etc. It is not fair and it is also not allowed.
• Forced Resignation: Imposing such undesirable working conditions that the employee is forced to resign even when they may not want to do so. This is known as constructive dismissal.
• Discharge during Maternity Leave: Discharging an employee during her maternity leave, which is not right.

In such situations, Indian employees can turn to the labor department for help. They can file a claim against their employer for acting contrary to the regulations. The decision on whether the employer has committed the misdeed shall finally rest with the Indian courts. Provided that they have, the court may fine the employer, pay extra compensation to the employee, or even return the job. It is essential for employees in India to be aware of their rights. If one feels that they have been terminated due to unfair reasons, they should approach the labor department or seek legal advice to set things right.

Wrongful Termination Compensation

Wrongful termination compensation refers to the financial remedy which an employee may receive when they have been unlawfully or otherwise unfairly dismissed from their job. Wrongful termination by an employer is when the act of termination violates employment laws, company policies, or even contractual agreements. In such cases, an affected employee may be entitled to receive compensation to set right the harm or losses due to such wrongful termination. The extent of compensation payable may differ from case to case and depends on several factors, including:

• Back pay: Consists of what the employee would have taken home in salary and benefits from the date of termination until final resolution.
• Front pay: Instead of reinstatement, which is not always possible or practical, it is referred to as front pay. It is the estimate of what the employee would have made in the future if they had not been terminated.
• Compensatory damages: Refers to the monetary loss connected with the actual wrongfulness of the termination, which may be related directly to job search costs, relocation expenses, or even emotional stress.
• Punitive damages: In some cases, punitive damages are awarded when the misconduct of the employer is so outrageous that such damages are necessary to punish the employer and deter such future conduct.
• Legal fees and costs: The employer may be liable for the legal fees and costs incurred by the employee in pursuing any wrongful termination claim.

Frequently Asked Questions

1. How does one file a wrongful termination claim? Employees may file complaints before the labor authorities, like the Labour Commissioner or the Labour Court, for wrongful termination. They can also file a complaint before the Industrial Tribunal constituted under the Industrial Disputes Act, 1947, depending on the jurisdiction.
2. Can you provide examples of situations that may lead to wrongful termination claims? Examples include wrongful discrimination based on race, sex, age, religion, disability, or any other type of protected status, and wrongful retaliation following allegations against the company of illegal actions.
3. How can an employer avoid or prevent a wrongful termination claim? Uniform application of policies and documentation protects employers from unjust employment-related claims. Training is also essential.
4. What should an employee do if they feel they have been wrongfully discharged? Employees should document what happened, read company policies, consult with an attorney, and finally file complaints.
5. What role does discrimination play in wrongful termination cases? Discrimination is a significant part of wrongful termination cases since it is unlawful to terminate a worker based on protected characteristics such as race, gender, age, religion, disability, or pregnancy. If employees believe they have been discriminated against, they often have grounds to press or file a claim of wrongful termination.