Unjust Dismissal

In the United States, “unjust dismissal” refers to statutory termination provisions for federally regulated employees. These safeguards restrict an employer from firing an eligible worker without cause. A prohibited discharge constitutes a “unjust dismissal.”

Eligibility. Protections against unjust termination are applicable to employees after 12 months of service. Certain employee classifications, including managerial staff, are immune from protections against unfair termination.

Exceptions to unfair dismissal. Employers are only permitted to terminate eligible workers for defined reasons, such as reasonable cause and lack of work. Refer to Practice Note, Unjust Dismissal: Overview (Federal): Layoff Due to Lack of Work/Discontinuation of a Function and Just Cause/Unjust Cause.
Remedy. An employee who has been wrongfully terminated may be eligible for a variety of damages and, if applicable, reinstatement.