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Illegal Dismissal in Call Center

Illegal dismissal or Wrongful dismissal or wrongful termination is refers to a situation in which an employee’s contract of employment has been wrongfully terminated by the employer because the termination breaches one or more terms of the contract of employment or a statute provision in employment law. Thus, the illegality of a dismissal would depend on the terms of the employment contract and jurisdiction. Meanwhile, in the absence of a formal contract of employment, an illegal dismissal can still occur because of the existence of a de facto contract by virtue of the employment relationship.

In a call center, illegal dismissal or a wrongful termination is basically constituted by four things namely, discrimination, retaliation, employee’s refusal to commit and illegal act and employer’s failure to follow own termination procedure as agreed upon. There is discrimination if employment is terminated on grounds of ethnicity, nationality, religion, sex, age, or sexual orientation. Retaliation occurs when employee is fired because he or she filed a claim or charged the company of a perceived misdemeanour or inequity. The third issue is when an employee refuses to commit an illegal act for which one is fired. Finally, the termination procedures are usually outlined in the employee handbook or company policy, which should be followed and can be a basis for an employee to claim for illegal dismissal.

Reliefs for an illegally dismissed employee included Reinstatement, Payment of Backwages, Separation Pay, Payment of Damages; and award of Attorney’s Fees. Reinstatement means that the illegally dismissed employee is restored back to one’s job without loss of seniority rights and other pertinent privileges. Payment of backwages means the illegally dismissed employee is entitled to received all the wages he was supposed to received including allowances, and other benefits computed from the time his compensation was withheld up to the time he was reinstated.

Separation pay is rewarded to illegally dismissed employee when his reinstatement is no longer feasible, practicable, or desirable. Finally, award of Attorney’s fees means that the fees that illegally dismissed employee is supposed to pay his lawyer must also be shouldered by the losing party or employer.

Originally posted 2015-04-20 10:15:09.

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