Do you want to fire an employee? First, make sure that you have the grounds to fire that employee before jumping the gun. A wrongful termination claim can harm your business.
Wrongful termination is the termination of an employment contract for an employee where:
• The termination is initiated by the employer.
• The employer does not have a just cause for terminating the contract.
• The employer has breached contractual terms when terminating their employee’s contract.
Illegal Grounds for Termination in Nigeria
1. Discrimination
Firing an employee based on factors like:
• Age
• Gender
• Religion
• Race
• Sexuality
• Disability
If you believe someone has been discriminated against, you can file a complaint with the Nigerian National Human Rights Commission (NHRC) or pursue legal action.
2. Retaliation
This refers to an employer firing an employee in response to the employee’s protected activity. This can include:
Whistleblowing
Terminating someone for reporting illegal practices such as fraud.
Union Activities
Dismissing an employee for joining, forming or participating in trade union activities.
Legal Rights
Firing an employee for exerting their legal right such as taking family leave.
This form of termination is a way for employers to silence you for speaking up for your rights. In this situation, a lawyer can help guide you through what to do next to get you the best outcome possible.
3. Breach of Contract
A breach of contract is when an employer violates the employment contract terms.
If the employee is fired without following the conditions in their contract or the employer fails to provide due notice, it would be a breach of contract.
Having the contract as evidence can be crucial for seeking justice. You must not delay seeking legal guidance to help you better review the contracts and plan your next course of action.
What is Not Considered Wrongful Termination:
• Poor Performance: Being fired for not meeting performance standards.
• End of Contract: Your employment contract is not renewed after expiring.
• Violating Company Policies: Being terminated for breaking company policies.
• Company Downsizing: Losing your job due to the company reducing its workforce.