How An Unlawful Termination Lawyer Can Maximize Your Compensation

December 3, 2024    Employment Lawyers
How An Unlawful Termination Lawyer Can Maximize Your Compensation

Unlawful termination occurs when a company terminates its worker’s employment without appropriate legal reason. Officially hiring someone indicates that an employee and an employer have a contract, and the proprietor must present a concrete reason before firing an employee. The best unfair termination lawyers in Perth will greatly help when you contest your employer in court and prove justification for terminating your worker’s job.

 

Before progressing, let’s understand how an experienced professional lawyer can fetch you the highest compensation.

 

The instances of unlawful dismissal

 

The allegation of performing an unlawful dismissal can be devastating to a company in double – they will have to pay a financially damaging hefty fine, and this news can cause harm to their business goodwill and stocks (if they are a public company).

 

However, the unlawful termination claim must be backed with the proper information and evidence – so hiring the most experienced unfair termination lawyers will be an intelligent decision. Some of the points on which an unlawful discharge can be contested in court are listed as:

 

  • Discrimination

The employer cannot fire an employee because of personal bigotry. Employees making this case for unlawful accusation don’t need to work for a minimum period, and they generally get high compensations if the case is ruled in their favor. You must contact the best employment lawyers in Perth WA if you think you have been terminated for the following reasons:

  1. Injury
  2. Age
  3. Marriage and civil partnership
  4. Changing of gender
  5. Race
  6. Prenatal period and motherhood.
  7. Religious belief
  8. Sexual alignment
  9. Gender
  • Inherently unfair reasons

Any dismissal action from the employer that harms your inherent statutory rights will be judged as automatically unfair. These cases are another type where your age, service, caste, and service period won’t be an issue. The following grounds (if used as a reason to dismiss an employee) will be automatically marked as unfair and illegal:

  • Whistleblowing (the action of an employee to bring attention to unlawful activities happening in the workplace).
  • Supporting a trade union
  • Taking maternity or paternity leave
  • Being pregnant.
  • Taking leave to adopt a baby.
  • Enforcing their right to receive a minimum wage.
  • Refusal of entitlements – for example, right to rest or take a break.
  • Joint parenteral leave.
  • Firing a convicted worker after two years (it stands even if the employee hasn’t disclosed it while hiring).
  • Forcing someone under the retirement age to resign.

However, for any other reason, the worker must work for at least two years and hold a full-time job, i.e., not be self-employed or freelancers. The minimum service time also changes according to the placement location. So, it is always best to hire the best employment lawyers in Perth for your case.

 

Ways a lawyer can get you just compensation

 

Unfair termination claims are complex and unique. There is no definite or standardized protocol to decide whether the dismissal was unreasonable, harsh, or unjust. The Australian Fair Work Commission will decide on your case, and it’s always better to consult the best unlawful termination lawyer and get your case evaluated. They can help you in the following ways:

  • They will evaluate your case’s merits objectively by studying the related laws and legal precedents to determine your claim’s viability. Their opinion can be a vital indication of whether the commission will consider your claim unfair.
  • The compensation agreement is generally binding, and it becomes hard to challenge once signed. So, if your compensation doesn’t align with your rights, it is better to let an unfair dismissal lawyer negotiate on your behalf. They can highlight the legal violation more effectively and emphasize the possible risks and costs the proprietor could face – if the matter proceeded to litigation.
  • The best lawyers can also represent you on the Fair Work Commission.

 

Summing up

 

Illegal job termination is common in the Australian work environment. Even in court, over 2500 cases are awaiting results, resulting in a loss of time and money for both parties. If you are going through such problems, it is better to hire the most experienced employment lawyer in Perth. They remain updated about the current amendments to the regulations and can successfully provide you with the compensation you deserve. Depending on your issues, you can seek their best professional assistance!

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