If you’re considering filing an unfair termination claim, you’re probably hoping for some sort of compensation. While this sounds obvious, the situation is more complicated than it might seem. As such, it is very important that you have a clear understanding of what unfair termination compensation actually is before embarking on potentially stressful activities. Can I be fired for not working overtime? Your boss can fire you even if you don’t want to work overtime. However, your boss should not fire you for refusing to work overtime. He cannot fire you in retaliation. Their reasons must not be discriminatory. It is against the law to retaliate against an employee who is unable to work overtime due to a disability. If your boss violates the FLSA, you can get compensation from him.
You may be protected from being fired for not doing overtime under federal law. But, depending on the circumstances, your boss can still fire you.
As the name suggests, unfair termination compensation is an award if you successfully file an unfair termination claim. This is a legal recognition that your labor rights have been violated and a form of compensation for this violation. It doesn’t have to be financial restitution. The Employment Tribunal has the power to order reinstatement or re-employment with the employer. The reinstatement returns you to your original job with compensation for lost wages. Re-engagement brings you back to the employer in a similar but different role.
In practice, reinstatement and re-employment are rarely awarded. The mere fact of filing a lawsuit usually indicates a breakup that would make working for the same employer difficult, if not impossible. What remains is the financial restitution that most people think of when they think of unfair termination compensation.
If a financial award is given, it will consist of two parts. The first is the base bonus, a figure based on your age, length of service, and average weekly salary. There are all sorts of reservations and restrictions to this figure. Your unfair termination lawyer will be able to give you an idea of the maximum base compensation you are likely to receive based on your individual circumstances.
It is also worth bearing in mind that the Tribunal may make deductions from the principal award if, for example, you refuse a reasonable offer of reinstatement or if you are partially at fault for your own dismissal.
The second part of any payment is a compensatory bonus designed to cover lost wages and benefits. It is currently set at a maximum of 65,300. Again, this is deductible. For example, if the Tribunal finds that you did not seek another job or turned down reasonable offers of employment, it may reduce that portion of the remuneration.
Finally, there is also the possibility of additional remuneration if the Tribunal decides on reinstatement and the employer refuses. This is an amount payable in addition to basic and compensatory remuneration, ranging from 26 to 52 weeks of pay at a maximum rate of £380.
Unfair termination compensation is not designed to make you rich at the expense of your employers. It is intended to provide you with fair compensation for your unfair work treatment . Before you apply for an unfair termination, you should be clear about what you are hoping to get. Work with your unfair termination attorney to find out if you have a reasonable chance of achieving this goal.