Legal Rights Upon Dismissal

When an employer fires you from the position, you do not have to accept the answer. You still have rights, especially if you feel that you have been unfairly dismissed. Since October 2004, all employers have been required to complete a 3 step process for the dismissal to be considered fair:

• Step 1- The employer has to make a written document as to why they are dismissing you, or for the disciplinary action that will taken. You are required to receive a copy.
• Step 2- The employer has to request a meeting to discuss the reason for your dismissal before taking any action. This will allow you to decide what you can say to back up your side of the story. It is recommended that you bring along a member from the work union or another colleague.
• Step 3- After the meeting, the employer will announce their decision. You can then make a letter stating the reasons why you disagree with the employer’s decision. The employer is required to request another formal meeting so that you can state your basis for the appeal. The time of the meeting must work to your benefit. After your meeting, if the employer is still giving you the same answer, then you can fight the issue at the local business bureau.

If there are security issues, or if the above procedures seem insignificant, then the employer may not be required to follow them. The guidelines exist to protect you or your employer from harm. There is a 3 month time limit, from the day you were terminated, for you to file a complaint.

If you and the employer are not able to come to an agreement, and you have threatened to go to the local business bureau to file a complaint, the employer might offer a ‘Compromise Agreement’. Many employers have been offering Compromise Agreements to keep the employers from filing claims against them. A notarized copy of the agreement has to be signed by you and the employer. After it has been documented, the agreement is final and no other changes can be made. This is where the legal advice comes in handy. A witness must be present, preferably your lawyer, to see the agreement take place. You should also speak with your lawyer prior to the agreement to go over any issues that you might want to add to the agreement.

Your lawyer will have to sign the agreement stating that they are aware that you fully understand the contents of the document. Your employer is responsible for any legal fees. In the case that you both need more time to come to an agreement, your lawyer should be able to negotiate a way for the extra fees to be taken care of as well. If you are not satisfied with the agreement on the date of the signing, you are not required to sign it. Your lawyer, and your employer’s lawyer, can continue the negotiation until you and the employer both come to an agreement.