Фото: Illegal dismissal of an employee for personal reasons – a lawsuit for reinstatement

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Illegal dismissal of an employee for personal reasons – a lawsuit for reinstatement

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Dismissal from work is always an unpleasant event that can seriously affect a person's life. However, when such dismissal takes place on illegal grounds, for example, due to personal motives of the employer, the employee has the right to protect his interests.

What is dismissal for personal reasons?

Dismissal is considered illegal if it is based on non-objective reasons unrelated to the employee's business competence or behavior at the workplace. Such reasons may include:

  • Personal dislike or enmity of the employer towards the employee;
  • Political or religious beliefs of the employee;
  • Gender, race, nationality, place of residence or other personal characteristics of the employee;
  • Marital status or the presence of children of the employee;
  • Refusal of the employee from the illegal demands of the employer.

Note that not all dismissals that appear to be unfair are illegal.

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What to do if you were fired from your job for personal reasons?

If you were fired from your job for personal reasons, you have the right to:

  1. Appeal dismissal in accordance with the procedure established by law.
  2. Apply to the court for reinstatement.
  3. Claim compensation for damages caused to you.

Consult a lawyer

Contacting a wrongful dismissal lawyer: important steps to protect your rights

If you believe you have been unfairly dismissed and want to file a claim for reinstatement, it is important to seek legal advice as soon as possible. Here are some reasons why you should contact a lawyer in this situation:

  1. Determining the legality of dismissal:
  • An experienced employment attorney can help you evaluate the circumstances of your termination and determine whether it complies with the law.
  • A legal expert will review your termination order, review the employer's compliance with proper procedures, and advise you of your rights and available options.
  1. A lawyer will help you gather all the necessary evidence to prove the illegality of your dismissal. These can be:
  • Copies of written documents related to dismissal (dismissal order, letters, e-mails, etc.);
  • Testimony from colleagues who can support your claims;
  • Evidence of discrimination or prejudice;
  • Any other documents that may be relevant to the case.
  1. A lawyer will also help you to properly prepare all the collected evidence and form a legally competent case for further protection of your rights.
  2. If you decide to challenge your dismissal in court, a lawyer will represent you. He/she will:
  • Protect your interests in court proceedings;
  • Present evidence and arguments in your favor;
  • Conduct negotiations with representatives of the employer;
  • Develop a legal strategy and take all necessary measures to successfully resolve the case.
  1. Knowledge of legislation:
  • Labor law is complex and constantly changing. A lawyer with in-depth knowledge of the labor legislation of Ukraine will be able to correctly interpret the norms of the law, apply them to your situation and build your legal position on a solid legal foundation.
  1. Achieving fair compensation. If you successfully challenge wrongful dismissal, you may be entitled to:
  • Resume at work;
  • Payment of wages during forced absenteeism;
  • Compensation for moral damage;
  • Collection of fines from the employer.

Contacting a lawyer is not just an option, but also a smart decision that will help you protect your rights, restore justice and minimize the negative consequences of illegal dismissal.

If you need advice or want to know the cost of a claim for reinstatement, fill out the form below.

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