Winning a Court Case Against Unfair Dismissal: Insights from Real-life Experiences

Unfair dismissal and wrongful termination can be distressing experiences for employees. This article explores two real-life cases where individuals successfully took their employers to court against dismissals deemed unjust. These experiences highlight the challenges faced in the legal battle and the importance of standing up for one's rights.

Case 1: Job Injury, Segregation, and Unjust Dismissal

During the 1980s, an employee at a job encountered a severe incident where they were injured on the job and subsequently put on a two-week leave as per the doctor's orders. Despite being under medical leave, the employer fired this individual. The employee then decided to take legal action, leading to a settlement. Although the settlement was not substantial, the employee's primary motivation was not monetary; it was to voice their dissatisfaction and to ensure the employer faced accountability.

The employer was known for being particularly disruptive and unreasonable. There were instances where the employer demanded that the employee get their hair cut, even though the employee's hairstyle was mentioned in the employee manual. These demands were made purely based on aesthetic preferences, which, at that time, were not legally justifiable grounds for employment.

Case 2: Political Reasons and Summary Dismissal

Another instance involved an employee who was the Director of the Cabrillo Marine Museum/Aquarium in the Department of Recreation and Parks for the City of LA. This individual was summarily fired, and they filed a lawsuit for wrongful termination. Over five years later, during the early part of the legal proceedings, the judge deemed that the firing was politically motivated. The judge ruled that the employee had performed their duties satisfactorily and had even exceeded expectations. This ruling effectively declared the employee's termination illegal and ordered the city to reinstate them, pay damages, and cover attorney's fees.

Amazingly, the city conceded, and the individual was indeed reinstated, which they promptly chose to resign. This was a groundbreaking case, as it was the first in California to see a non-union, non-exempt public employee prevail in a wrongful termination lawsuit. This case set a precedent, highlighting the legal implications of political motivations in employment decisions.

The individual then went on to work as a lawyer downtown and ran into the head of the department who had formerly fired them. This person apologized and admitted that they were fired due to orders from higher up. It was a stark reminder that political priorities often take precedence over the merit of individual employee performance.

Key Points from These Cases

Understanding Legal Grounds: Employees must know the legal grounds for termination to challenge it effectively. Factors such as fair treatment, medical leave rights, and documentation of job performance are crucial. Documentation and Evidence: Collecting and presenting detailed documentation, such as emails, memos, and company policies, can strengthen a wrongful termination case. Seeking Legal Counsel: Professional legal representation can provide significant support and expertise in navigating the legal process. Company Policies and Manuals: Reviewing and understanding the company's policies and manuals can help identify any illegal behavior or discriminatory practices.

Conclusion

Unfair dismissals and wrongful terminations are significant issues that can escalate into lengthy legal disputes. These cases demonstrate the importance of standing up for one's rights and the potential legal consequences of politically motivated employment decisions. Understanding the legal framework and seeking professional advice can be instrumental in achieving justice.

About the Author

This article is based on personal experiences of individuals who have successfully navigated the complexities of unfair dismissal and wrongful termination. The author aims to provide insights and practical advice for readers facing similar situations.