How Can You Protect Yourself From Wrongful Termination

lead india
Jul 16, 2025
3 min read

The instances of Wrongful termination has been increasing day by day. The trend of layoffs are an example of wrongful termination in which a large number of people are removed from the company without any valid reason. This situation is emotionally and financially tough for any employee. As the cases of wrongful termination are increasing, it is important for an employee to protect himself from such wrongful termination.

Types of wrongful termination

Discrimination: This is the type of termination in which the employee is fired on the ground of age, race, sex, nationality, or such discriminatory grounds.

Breach of contract: In this, the employer breaches the terms of employment agreement which in return regarded as wrongful termination. Any term which is done through constructive dismissal which means by creating a situation in which the employee himself resigns, is a type of wrongful termination of employment.

Other factors: If you are terminated on the ground of some personal grudges or any workplace dispute than that would also be considered as wrongful dismissal.

Laws against wrongful termination

There are several labor laws which protect employee from wrongful termination. If the employee has been terminated on the ground of age, gender, race, caste, etc., then it will be regarded as violation of the fundamental rights of a person. The constitution protects the fundamental rights of people in India.

The Industrial Disputes Act, 1947, the Workmen's Compensation Act, 1923, State Shops, and Establishments Acts also protect an employee from wrongful termination.

Protect Yourself from Wrongful Termination

Despite these laws, the employee should always take certain measures to protect himself from wrongful termination. Let’s discuss these measures:

It is important for an employee to document everything. You should keep the copies of emails, memos, performance reviews, or any other correspondence. You should also record your communication with HR and employer. These information will be useful in legal case. You should keep all the records safely and together for easy access.

You should always review your employment contract carefully. Look for any provision regarding termination of contract the notice period, and any other procedures that must be gone through before dismissal. If the employer breached any of these conditions, then that can support your case.

There are many labor laws which protect an employee from wrongful termination. An employee should keep himself updated with these laws. If you are acquainted with these laws then you can determine if your termination was legal or not.

If you suspect that you can be wrongfully terminated then you should report your concern to HR and the employer. It will show that you took steps against wrongful dismissal.

You should maintain professionalism and avoid any workplace conflicts. You should avoid discussions of sensitive or controversial topics.

If you are wrongfully terminated then you should seek advice from professional employment lawyer. It can help you protect your rights and secure compensation for wrongful dismissal. A lawyer can review your case, can also provide you the guidance on your options, and represent your interests in court if necessary.

Relevant case laws

In the case of Smt. Saroj Agarwal vs Union Of India And Others, 2021, The court held that in the cases of wrongful termination of employment, it is normal to reinstate the employee with continuity of service and back wages.

In the case of S.S. Shetty v Bharat Nidhi Ltd, 1957, the court held that employment agreement has a clause of 1-month notice before terminating an employee then in such a case, the damages awarded shall be ordinarily up to 1 month’s salary.

Remedies against wrongful termination

Reinstatement: The most common remedy in cases of wrongful termination is reinstatement, which means to give back the job to the employee.

Back Pay: It means the payment of amount which employee would have get from the time of termination to the time of a judgment or settlement.

Front pay: It means compensation amount for future lost wages.

Compensation: These compensation are provided in case of out of pocket expenses done due to wrongful termination.

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.