M PLC Employee Wrongful Termination
Introduction
Wrongful termination in law is described as a situation where the employer terminates the employee’s contract of employment, and the termination is found breaching either one or more terms of the contract of employment. There is variation in the laws governing wrongful dismissal based on the terms of the contract of employment and under the jurisdiction’s laws and policies. As in the case of Mike, as he plans to sue M PLC, there are several difficulties that he is likely to encounter. Mike’s termination is considered wrongful. This is because Mike is being fired by M PLC Company for failing to transfer assets which would have risked the operations of P Ltd. Nevertheless, the condition of whether the termination was wrongful can be determined in the court of law.
A Challenge of Proving a Wrongful Termination
For instance, Mike is going to be faced with the challenge of proving his wrongful termination. Attempting to prove a wrongful dismissal maybe sometimes challenging, as it may be in this Case of Mike. Nevertheless, there are several steps that Mike may consider taking in bolstering his case. When trying to sue a significant organization, like Mike, one of the potential challenges is there will be a need for ample documentation to prove the case. To get documentation, it entails taking as many pictures containing time stamps as possible. It needs to get all financial records that may apply and include all other evidence that the complainant has in the claim. For instance, Mike is needed to present solid proof of his claims against M PLC Company failure to which the Company may sue him for fraudulent claims, which may cost him more in the long run. So to avoid such a scenario, Mike should make sure that the documents enough evidence to prove his claims.
The Company Offers Settlement Before the Claim is Presented to Court
When suing a big corporation, the Company may decide to offer a settlement before the claim is availed to the court. This is a challenge that Mike is likely to encounter when he is deciding to sue M PLC. Even if it may leave him feeling as if he has not been served justice, taking the settlement is something he may need to consider. This might either save him the challenge of going through court proceedings and still offer him some compensation.
The Company may be in a Position to Draw out the case.
Another challenge that Mike may encounter in his attempt to sue M PLC is that the Company may make it very hard for the plaintiff and draw out the case hence costing the plaintiff a lot of money. This is because the Company has enough money which can be used to offer a better defence. In this case, Mike will remain with the option of taking a settlement. If, at this point, the offered settlement either is not meeting the amount of compensation Mike believes he deserves, then he may opt to take it to court.
Ensure He Gathers Documents
Mike should ensure that his employment status is well documented. To do this, he will need several crucial employment documents, which includes his personnel life, employment contract, his employee handbook, work lace policies, termination notice, if it was offered in writing. Sometimes an implied contract may be accepted, but this may also be a challenge since such contacts are not documented; hence the terms of the contract may fail to be specified. Mike should avoid implied contracts.
Events Documentation
After being dismissed, Mike must write down about everything, even those that resulted in the termination. For instance, Mike should write down what resulted in his dismissal by M PLC and under what condition and what specifically caused the difference between him and the Company. Mike should do this quickly before the details and specifics are muddled in his head over time. He should write down specifics entailing an exact timeline of events. He should also list all the parties that were involved in the firing. He also should write down the name of who told him he was fired and anybody else who was present.
The Claim May be Complex and Need an Attorney
Mike Should Contact an Attorney
. Being dismissed from his job may be traumatic and cause humiliation. Such a situation may also cause anxiety. Suppose Mike believes he was wrongfully terminated from his job and has to be either compensated by M PLC, which he considers as responsible for hiring him. In that case, it is necessary that he contacts an attorney right away. He does not have to handle this case on his own since it may happen that the legal system and the laws surrounding the wrongful dismissal be highly complicated if he does not have legal knowledge or experience to handle it. Having an experienced lawyer will aid in negotiating a higher settlement and, most significantly, will be in a position to gather the evidence and documentation critical to win the case or even obtain the best probable statement.
Mike Should Have a Lawyer
A wrongful dismissal claim may appear complex hence there is a need to hire someone who understands the law thoroughly and understands the law and the particular state statutes that will apply to the case. So for Mike, while filing his claim for wrongful dismissal by M PLC, it will be in his best interest to retain the services of a well experienced lawyer who will help determine whether Mike has a claim. The lawyer may also provide advice concerning the relevant laws and procedures and assist Mike in filing his claim. It is good to note that for Mike, having an experienced business lawyer will help him in discussing whether he has a viable claim and what is his best options for lawful recourse. Lastly, whether M PLC decides to have the issue settled out of court or if Mike needs to go to trial, the lawyer will represent him during either legal process.
It may be Difficult to Determine How much could his case Settle for
In suing M PLC for the wrongful termination, Mike wants to be compensated for the dismissal. It may be challenging to determine what his case is worth. Nevertheless, usually, in this case, the settlement will be calculated according to his damages which are the losses Mike has suffered as the result of the dismissal. Mike will be required to prove the damages with documents and other necessary evidence. Mike should know the types of monetary damages as part of his illegal termination settlement. These include; lost wages, lost benefits, cost of job searches, emotional distress, and punitive damages.
Lost Wages
This back pays that Mike would have received if he remained employed. This will include bonuses, any form of interest, and any pay raises entailing a cost of living adjustments and increases in salary from promotions. In this case, plaintiffs are expected to mitigate losses, whereby he is expected to find a similar job as soon as possible. If the Company can prove that Mike failed to do so, the calculated mitigated amounts may be deducted for the settlement.
Lost Benefits
In every working environment, benefits are a primary part of most employees’ compensation packages. In the determination of Mike’s compensation, the lost benefits should be included in calculations indicating economic damages after the illegal dismissal. These benefits may include pension plans, retirement savings, and also transportation reimbursements.
Emotional Distress
Mike should know about compensation due to pain and suffering, which may be due to losing the job. In the case of Mike, the jury will likely award like damages if the action taken by M PLC to fire Mike caused Mike emotional distress. If Mike has experienced any emotional distress at all, he should seek the testimony of a psychologist or psychiatrist.
Punitive Damages
If possible, Mike should seek guidance on punitive damages that may be awarded to punish the Company for committing the conspicuous offence is determined to be by the law. The court may award the damage to deter other companies or employers from doing such an egregious act of engaging in such violations.
The Time Needed to File the Lawsuit
Another challenge that may ensue is about the time needed to file the case. Mike must get to know the stipulated amount of time given from the time of the incident for him to file the case. The deadline for filing a lawsuit against the Company depends on the laws where Mike will file his case and the reason for filing the lawsuit. If he fails to file the claim within the stipulated time, he may be prevented from bringing a case against M PLC Company. Therefore, it is necessary to know the amount of time the law allows for filing a lawsuit for his claim and ensuring that he files the claim before that time expires.
Mike Should determine if there is any Leave that is not Undertaken
In suing M PLC, which hired him, Mike should be aware and have details about any accrued leave upon termination and which the Company has to pay him on a pro-rata basis for the accrued yearly leave to which Mike is entitled.
Four Grounds Under Which Employee may be Terminated
Mike should be aware of whether the termination falls under the stated grounds. Under the law, there exist four grounds justifying employment termination by the employer. These include misconduct, physical incapacity, poor performance, or employer’s reduction or any other situation stipulated by the law. He should also determine if the termination amount to being fair. For a dismissal to be rendered fair before the law, it must be both fairs procedurally and substantively. The Company should have presented a fair and also valid reason for the dismissal. The termination should have followed the required and fair procedures for the dismissal as stated under the Employment Act. Under the Act, in any form of employment termination, the employer should prove the reason for the termination contrary to which it will be termed to be unfair. Nevertheless, the termination procedures vary according to the reason for the termination, but all contain a standard item.
How to Sue the Company
In mitigating the issue, it may result that the only option is to sue M PLC for Mike. At this point, Mike should consider following some of these steps in an attempt of increasing his chances of bringing a successful lawsuit:
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