Illegal termination, also known as wrongful termination, occurs when an employer terminates an employee’s contract in violation of employment laws, regulations, or the employment contract. In such cases, the employee has certain rights that they can exercise to seek redress. In this article we will explain some of the rights that employees have for illegal termination.
Right to file a complaint
Employees who believe that they have been illegally terminated have the right to file a complaint with the appropriate government agency. For example, in India, employees can file a complaint with the Labor Commissioner or the labor court.
Right to reinstatement
If an employee is found to have been illegally terminated, they have the right to reinstatement. This means that the employer must re-employ the employee and provide them with the same position, salary, and benefits as they had before the termination.
Right to back pay
Employees who are reinstated after illegal termination have the right to back pay. This means that the employer must pay the employee the salary and benefits that they would have received had they not been terminated.
Right to compensation
In some cases, an employee may not want to be reinstated or may not be able to be reinstated due to the nature of the termination. In such cases, the employee has the right to compensation for the damages incurred as a result of the illegal termination. This can include lost wages, emotional distress, and other damages.
Right to legal representation
Employees who believe they have been illegally terminated have the right to legal representation. An experienced employment law attorney can help the employee understand their rights, file a complaint, and seek appropriate redress.
It’s essential to note that the rights of the employee for illegal termination may vary depending on the applicable laws and regulations. Additionally, employees must take action within the specified time frame after the termination, as there are limitations on the time period for filing complaints and seeking redress.
Employees who have been illegally terminated have certain rights that they can exercise to seek redress. These include the right to file a complaint, the right to reinstatement, the right to back pay, the right to compensation, and the right to legal representation. If an employee believes that they have been illegally terminated, they should seek the advice of an employment law attorney as soon as possible.
Written by Adv Rohit Yadav