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Wrongful dismissal or unfair dismissal in China employment law - A explanation by China employment lawyer

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Definition: Wrongful termination happens when an employee is discharged from employment for illegal reasons or if company policy is violated when the employee is fired.

In many cases, unless there is a contract or bargaining agreement, employees are considered covered under employment at will, which means your employer doesn't need a reason to fire you. However an employee can be wrongfully terminated if discrimination is involved in the termination, if public policy is violated, or if company policy states guidelines for termination.

 

Other reasons that could be construed as wrongful termination include retaliation i.e. being fired for being a whistle blower or complaining, or for not being willing to commit an illegal act when asked to by an employer.

Discrimatory reasons that can be considered wrongful termination include firing an employee because of race, nationality, religion, gender, or age.

Wrongful Termination

If you believe your termination was wrongful or you have not been treated according to the law or company policy, you can get help. The US Department of Labor, for example, has information on each law that regulates employment and advice on where and how to file a claim.

Your state labor department may also be able to assist, depending on state law and the circumstances.

In addition, local bar associations often have a referral service and may even have a hot line you can call to find an employment lawyer. Keep in mind that you will need to pay for an attorney's services.

Termination and Unemployment

When you are terminated you may not be eligible for unemployment compensation. If you are not sure whether you're eligible for unemployment, check with your state unemployment office to determine your eligibility for unemployment compensation. If your claim is denied you will be able to appeal and explain the circumstances of your termination.

Avoid wrongful termination claims to uphold your reputation as an employer of choice, maintain trust and cohesion with your remaining employees following a termination, and avoid nuisance and other unwarranted lawsuits. You maintain safety from losing wrongful termination lawsuits by treating employees legally and fairly when you end their employment for whatever reason, whether financially-motivated layoffs, performance problems, or more.

Former Employees Charging Wrongful Termination Often Seek a Scapegoat

Generally, an employee who is fired is angry, unhappy, and looking for someone to blame when his or her employment ends. The employee must face questions and concerns from family members and friends, who may never have been informed that the employee was experiencing performance problems and performance coaching at work.

Nor does the average employee come home and share all of the mistakes she has made or the problems he is experiencing with performing his work or carrying out his responsibilities. Sometimes, employees even delude themselves into believing that, while performance issues have been drawn to his attention, they are not serious.

In fact, normally an employee will hide his or her performa



 
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