What To Do When Your Employment Is Terminated - By Adedunmade Onibokun, Esq.



There are many instances when employees have had their employments terminated unlawfully by their employers. Some of these employees never see it coming and become infuriated at the company for a termination they deem unlawful.
Others are confused and wondering what to do next and how to secure the next pay check in order to provide for their families and needs.

Many however, do not realise that their termination is unlawful and they have a right to sue the employer for a breach of their contract of employment.
Before we go further, allow me explain that in law practice, the words “termination” and “dismissal” in regard to employment contracts are not the same.

Though, "Termination" or "Dismissal" of an employee by the employer translates into bringing the employment to an end. Under a termination of appointment, the employee is enabled to receive the terminal benefits under the contract of employment. The right to terminate is mutual in that either may exercise it. "Dismissal" on the other hand is punitive and depending on the contract of employment very often entails a loss of terminal benefits.

To further explain, most contract agreements contain a clause stating that either parties may terminate an employment if due notice is given or payment of a month’s salary in lieu of notice. If an employment comes to an end this way, it is a termination. However, to be dismissed usually means that the employee was relieved due to actions bothering on misconduct.


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