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An unfair dismissal is when an employee is fired from their job for reasons that violate the terms of the employment contract or any aspect of employment law. If, for example, you had a specific contract with your employer stating the length and nature of your employment, and you were fired before the work period had expired, it could be considered a breach of contract. Unfair dismissal is not, however, a legal term or area of practice; it’s more a catchall phrase used to describe any situation where an employee is terminated for unmerited, illogical, or unlawful reasons. In the state of Georgia, as in most American states, the term wrongful termination is widely utilized in cases of unfair dismissal; wrongful termination is a legal term and a focus of many employment and civil litigation lawyers.

When Can Employment End?

unfair dismissalIn most workplaces, employment is considered at will, which simply means the employee can be terminated or quit at any time for no reason. However, legal considerations can come into play with at-will employment when a law has been violated or defined contractual obligations have been breached.

What Are Examples of Unfair Dismissal?

Employment law is quite clear on lawfully unacceptable reasons for firing an employee, including:

  • Discrimination: An employee cannot be fired because of age, nationality, race, religion, or gender; in Georgia, sexual orientation and gender identity are not protected classes in private sector employment.
  • Refusal to Break the Law: It is illegal for an employer to fire someone who refuses to break the law at their request.
  • Refusal to Follow Stated Firing Procedures: It is illegal for an employer to not follow their termination processes and procedures as laid out in the employee handbook or other documents.
  • Retaliation: An employer cannot fire an employee who has filed a discrimination complaint against them.

 

Jerry F. Lee Attorney at Law has nearly four decades of experience representing wrongful termination and unfair dismissal clients in the Cleveland, GA, area. Call (706) 219-2460, visit his firm's website, or connect with them on their Facebook page to schedule a consultation. Trust an experienced civil suit lawyer to help you battle the injustices of an unfair dismissal, and call attorney Lee today.

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