Facing a job dismissal is never easy, especially if it is a wrongful termination. Such cases need an immediate consultation with a wrongful termination lawyer San Antonio. The lawyer will delve deep into the case and file a lawsuit to claim justice. But if the dismissal is fair, it would be a waste of time and energy that could otherwise be used for some productive work, including emailing resumes to potential employees or meeting people to establish meaningful connections.
Therefore it is essential to know on what fairgrounds an employee can be terminated. This will further help in identifying wrongful termination and moving forward to file a lawsuit. Although talking to an attorney would be beneficial, one can secure valuable information by reading all the admissible dismissal reasons mentioned below:
Dismissal of an employee based on their performance or capability can also be regarded as dismissal on legal fairgrounds. Capability might mean anything related to an employee’s skill, health, or aptitude. However, if the employee is dismissed on the grounds of ill health, which accounts for disability, then it will be considered a wrongful termination as well as workplace disability discrimination.
Additionally, there are several considerations for the employer before dismissing a candidate based on poor performance. The employee must be offered a fair chance to improve their performance or several warning before final dismissal.
If an employee is found to be violating the code of conduct that has been mentioned in the company’s policy and guidelines, then it can be a legally fair reason for dismissal. Cases of misconduct at the workplace typically include harassment, bullying, unexplained absence, poor attendance, insubordination, among many more.
Moreover, more serious misconduct such as violence, fraud, and negligence might carry severe consequences where the employee can be terminated without any warning, prior notice or explanation. However, except for these serious misconduct considered gross misconduct, termination requires several warnings and full payment for the number of working days.
Redundancy can also be considered a fair reason for dismissal where it becomes obligatory for the business to dismiss an employee due to business closure, limited employee requirement for carrying out a particular work or simply the closure of the workplace. However, the redundancy procedure must be fair, and the employees should be indicated beforehand. Otherwise, they can still have the ground to file a claim against unfair dismissal.
Although this is just the tip of the iceberg, the best way to know whether one has received a fair or wrongful dismissal is by contacting an experienced attorney.