What rights does the employer have when an employer claim an unfair dismissal?

Question

What rights does an employer have when an employee claims an unfair dismissal?

Answer 1

Do you mean "employee"? And what's "unfair dismissal"? In most states, employment is at-will, that means an employer can dismiss an employee at anytime for any reason or no reason at all. Just because you don't like the reason they gave doesn'tmean you have an action against them for firing you.

However, there are restrictions. Employees cannot be fired because they are a member of a protected class (i.e. age, race, gender, disability). They cannot be fired, for example, if they were whisleblowers in most states.

SEEK ATTORNEY ADVICE to see if you have an employment discrimination or unlawful termination claim. Most plaintiffs' lawyers who handle employment work will have an initial consultation with you for free and will take your case on a "Contigency" so you don't have to pay for legal fees unless you win your case. Contact your local bar association for a reference.

Answer 2

The employer should Get to a lawyer straight away and take action, you can be sure that the employee is taking action the second he/she is unfairly dismissed. I knew what you meant don't worry :)

Answer 3

How can an employer be unfairly dismissed- from himself? That's like claiming sexual harrassment for touching yourself.

Answer 4

None unless The dismissal was based upon race, sex, religion or (forgot the 4th!). If you have a union, they can help. But, other than discrimination, you can pretty much be fired for any reason; e.g. your boss hates the color of your hair but of course he/she wouldn't tell you that.

Answer 5

Contact your state's department of labor