When The Employee Needs Legal Protection

If possible, most employees would like to steer clear of bringing their employers (whether former or not) to court. The whole experience is stressful, and whilst you are protected from unfair treatment when you return to work under the same employer, the fact that it stifles the work relationship is nothing new. However, there are certain instances where you cannot worry about the future impact it will have on your work relationship and where it is important to prioritize yourself first – here are some examples of such instances:If possible, most employees would like to steer clear of bringing their employers (whether former or not) to court. The whole experience is stressful, and whilst you are protected from unfair treatment when you return to work under the same employer, the fact that it stifles the work relationship is nothing new. However, there are certain instances where you cannot worry about the future impact it will have on your work relationship and where it is important to prioritize yourself first – here are some examples of such instances: 

• Discrimination – one of the primary reasons to seek out employment advocacy Auckland or elsewhere is charges related to discrimination. It is illegal in most, if not all, countries of the world to discriminate against employees on the basis of age, sex, race, religion, etc. Most countries of the developed world also have an additional protection against discrimination on the basis of sexual orientation. If you feel that your employer has treated you differently on the basis of any such difference, it is in your rights to seek the counsel of an employment lawyer, or even a human rights lawyer.

• Harassment – generally, harassment claims tend to be sexual, and are usually filed by female employees, but there is no reason why these may not differ. Male employees can and should file for sexual harassment claims if such a situation ever arises, and you should definitely file claims if you have been harassed in any other way (verbal, physical, emotional, etc.) as well. Whilst the prospects of facing your harasser in court are mentally taxing, know that the right lawyer can support you both legally and emotionally in such an instance.

• Wrongful dismissals – whilst an employer has every right to terminate your contract based on poor performance or misconduct, there are plenty of occasions where ‘wrongful dismissals’ take place. Unexplained or poorly explained dismissals fall within this type of dismissals, and you should understand that the law is on your side in such situations. If you feel that your employer did not properly explain to you the reasons as to why you were fired, or breached the terms of your contract in doing so, you can seek the aid of employment or redundancy lawyers.

• Severance packages – when you are formally terminated from your job, employers are legally bound to provide you with a severance or termination package, which usually consists of a lump sum and other details such as the pension. There are cases where the package you receive from the employer might actually be less than what you deserve, which is why it is always important to have the package evaluated by a lawyer with experience in the field.

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