Wrongful termination happens when a worker or an employee is terminated, fired, or laid off due to various reasons but those reasons are not justified or lawful. Therefore such a termination is known as unlawful termination. Mostly, the reasons for wrongful termination are illegal in nature which constitutes it as an offense. Wrongful termination can take place in any occupation and any sector or industry in United Arab Emirates. The employee is illegally fired from the work while stating invalid and illogical reasons. It can be on the basis of discrimination. It can be called with several names as unfair dismissals, wrongful terminations, unfair terminations, unlawful termination or wrongful termination lawyers. Therefore the lawyers having expertise in such matters are also known as wrongful termination lawyers, unfair termination lawyers etc. But generally and basically we call such lawyers, labour and employment lawyers. Emirate of Dubai, of course provide top labour and employment lawyers. These lawyers in Dubai, have been the most demanding lawyers because business, real estate and employment disputes are the most common disputes in Dubai and rest of the emirates, therefore the demand of business lawyers, real estate lawyers and employment lawyers are great in demand.
Discrimination
As far as discrimination is concerned then, discrimination takes place on the basis of class, color, creed, sex, religion, background, nationality, origin, age, disability, ethnicity, and so forth. Moreover, it may happen due to an employee speaking up against the discrimination that took place at the workplace. Harassment due to any reason may also be the core reason for wrongful termination. Another reason for it is whistleblowing. If an employee chooses to do so, he might face wrongful termination. This is a clear breach of contract and thus an employee can seek compensation.
Retaliatory Termination
Retaliatory termination also comes under the same banner. Any whistleblowing action by an employee or filing a complaint against any injustice is termed retaliatory termination. Under this, no prior notice is given to the employee. Additionally, no valid, logical, and legitimate reasons are given to lay off the worker from the workplace.
Legal Help
Navigating from the itineraries of wrongful termination requires legal help. A specialized wrongful termination lawyer in the UAE can assist in adopting a formal and legal approach to the case. Besides, the prime role of a lawyer is to discuss the rights of employees who are facing such a situation. They have the potential to guide in providing effective legal representation. In some instances; the employee has no other option but to opt for legal recourse for wrongful termination. In unlawful termination, the employee can opt for seeking compensation or any other option in the light of UAE labor laws. But let us tell you that chances of getting compensated is not like before.
Wrongful termination lawyers in UAE
Wrongful termination lawyers in the UAE are well informed about the UAE labour and employment laws and other employment laws. Their knowledge and past experience are beneficial for the employee. They can effectively use their understanding in various legal settings to assist the workers who are illegally terminated. Wrongful termination lawyers in the UAE specialize in analyzing the circumstances surrounding their cases. Understanding the legal grounds for the claim is essential. The lawyer is well aware of the federal laws and UAE labor laws.
They can analyze whether their case falls under wrongful termination or not. Following this they will establish it and move forward. Wrongful termination lawyers ot labour and employment lawyers are needed when there has been a confirm termination.
Specialist: Strong Defense
They build a strong defense by ensuring compliance with the UAE labor laws. They will follow the legal procedure and laws to move ahead with a sound strategy. Also, the lawyers will provide Legal guidance over the laws and regulations to avail the compensation against the injustice. Additionally, the attorney will develop a sound strategic plan to address the legal matters. The wrongful termination lawyer in the UAE plays an integral role in gathering the shreds of evidence. Moreover, they will collect the pieces of evidence and communicate with witnesses to support the employees’ case.
Gathering Documents
Besides, they will be involved in gathering documents and legal papers required to construct the evidence. They will be reviewing the papers, employment contracts, pay slips, termination letters, performance reviews, correspondence, witness statements, and more. This will be helpful in proving the termination was illegitimate and invalid. The compensation can be in the form of financial gains ranging from unpaid wages or salaries to end-of-the-year service benefits and gratuities. There is a time limit of 3 months in which compensation is received. Moreover, the employee can also file for compensation for moral damages.
Reinstatement of Job:
A lot of factors are taken into consideration while determining financial and non-financial compensation. It may include emotional distress, stress, reputation damage, and so on. In some scenarios, the wrongful termination lawyer may battle to reinstate the employee to the previous position. They will also interview the witnesses if required. They will also play a key role in negotiating with the employer. The wrongful termination lawyers in the UAE will file a complaint with a concerned authority in the UAE. The complaint is registered with the Ministry of Human Resources and Emiratization (MOHRE). Furthermore, kindly meet labour and employment lawyers for better understanding, especially as per new UAE Labour Law.
The lawyer will initiate the negotiation process with the employer. They will also offer mediation if things are sorted out. The attempts are made for a mutual agreement and a settlement. The wrongful termination lawyer will facilitate the process of settlement according to the interest of the employee. Furthermore, if the Ministry of Human Resources and Emiratization (MOHRE) fails to reach a reasonable conclusion, this will escalate the legal case to the UAE labor court. Here the wrongful termination lawyer will provide valuable legal representation in the court proceedings.
