Labour lawLesson 2 of 4 in the course Dismissal

Wrongful Dismissal: Claims, Notice, and Jurisdictional Rules

5 flashcards · 4 quiz questions · 5 match pairs · 5 fill-in sentences · English

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Summary

Wrongful dismissal concerns the legal limits on an employer’s ability to end an employment relationship. This lesson introduces the basic definition, common forms, and possible remedies.

Wrongful dismissal, also called wrongful termination or wrongful discharge, occurs when an employer ends an employee’s employment in a way that breaches a term of the employment contract, an employment-law rule, or a statute. The exact rules depend on the contract and the law and public policy of the relevant jurisdiction.

All flashcards

What is wrongful dismissal?
Termination that breaches an employment contract term, statute, or applicable employment-law rule; the governing rules depend on the jurisdiction.
What is constructive dismissal?
A situation in which an employee resigns because the employer’s conduct violates the employee’s legal rights.
What protected conduct may be relevant to a dismissal claim?
Examples include making a legally protected report of a violation or participating in a discrimination investigation.
What remedies may follow a proved wrongful dismissal?
Depending on the claim and jurisdiction, remedies may include reinstatement or monetary compensation.
Does probation automatically prevent a wrongful dismissal claim?
No. Probation may give an employer broader discretion and make a claim harder to prove, but it does not necessarily bar a claim.

Quiz questions

  1. In the United States, which statement describes the general at-will employment default?Answer: Either party may generally end employment, subject to legal and contractual limits.
  2. Which doctrine may support an at-will employee’s claim when a termination conflicts with state public policy?Answer: The public-policy exception
  3. Which U.S. law is specifically identified as prohibiting employment discrimination based on disability?Answer: The Americans with Disabilities Act
  4. Which set of factors is considered when assessing common-law reasonable notice in Canada?Answer: Character of employment, service length, age, and availability of similar work

Based on the Wikipedia article Wrongful dismissal, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.

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