Labor tensions or within a work space, whether virtual or face-to-face, are inevitable and part of the day-to-day coexistence within these places.
However, when a conflict of this nature escalates further, workplace communication is likely to decline and become less respectful, effective, and friendly, regardless of the tools used to do so.
In addition, it is possible that the cause of the problem takes passive-aggressive actions in a verbal, physical or psychological way to take advantage of the situation and achieve, in the worst case, the dismissal or resignation of the victim.
What is an unjustified dismissal?
In short, it is about firing a person from their job for personal or professionally unjustified reasons, this without the employee knowing the real reasons or why said event occurs.
Causes of wrongful or unjustified dismissals in California
Among the best known in California we have:
- By sexual orientation: The partners or employers do not feel or are comfortable with the sexual preferences of the person.
- Ethnicity: Another person’s race or cultural practices may be frowned upon for lack of education and tolerance; Therefore, it can become an excuse for unfair dismissal.
- Religion: Although there is plurality and corporate culture, the creed can be an issue that, if not approached with due respect, can become a controversial issue in work spaces and can generate recurring conflicts within them.
- Misogyny/ gender: Although there are companies that do not want to admit it, some prefer to hire more men than women or vice versa; This is also known as employment discrimination, although it is a particular policy of a company, since all people, including those with disabilities, have the right to the same professional opportunities.
- Age: If an employer considers that a person is entering old age, and that their productive time has already passed within their company, this can be another reason for an unfair dismissal.
- Disability: Whether congenital or due to a fatal accident, many employers dismiss a worker or reject a candidate for the vacancy for this reason, taking into account the disadvantages that this brings to them in relation to productivity.
When there are professional disputes over these or other issues in particular, the vast majority of victims suffer virtual or face-to-face workplace harassment, so it is inevitable that work becomes a space for daily conflict if corrective measures are not taken in this regard.
In general, these abuses are accompanied by discriminatory actions such as jokes, ridicule, sarcasm, comments or harmful opinions, with the purpose of quickly exhausting the employee or worker from the situation and voluntarily resigning from their position.
Likewise, there are aggressors, colleagues or bosses, who are responsible for harming the professional tasks of the victim to turn their workspace into a place full of stress and anguish. To do this, they make use of mechanisms such as victimization, increased volume of work, or exemption from overtime or unpaid hours.
What to do in case of an unfair dismissal?
If you believe that you meet or met all the requirements to continue with your job, only you are not allowed to do so because you are facing a labor conflict with another person(s); First, take it easy and think about what could have started the problem if you don’t know about it and what solutions you plan to put in place to solve it.
Also, think about the benefits (if any,) of continuing to work at the same company and whether it is worth continuing there, after all the laws of the State of California protect you and the only way you will be terminated with justification, is that he breaches any clause of his employment contract or that he has manifested any inappropriate behavior towards his employer or other members of his work team.
Now: If you just want to leave the company, but want to reach an agreement or go to court, since the situation you experienced has caused you emotional and psychological damage, be it temporary or permanent; contact a lawyer for free so that you can receive the legal assistance that you really deserve.
We can support you!