What Can I Do If I Was Fired Unfairly?

Being fired unfairly is frustrating, but you have rights and legal options to challenge the decision, seek compensation, or even get reinstated. If your termination was without just cause, discriminatory, or violated due process, you can take action to fight for fairness.

At Ultimate Forensic Consultants, we help employees challenge unfair dismissals, file appeals, negotiate settlements, and take legal action if necessary.

This guide explains what to do if you were fired unfairly, including legal steps, negotiation strategies, and career protection tips.

1. Determine If Your Dismissal Was Unfair

A dismissal is unfair if your employer fired you without a valid reason or did not follow the correct procedures.

✔️ Common Signs of Unfair Dismissal:

🚫 No Just Cause – You were fired without explanation or warning.
🚫 No Disciplinary Hearing – You were terminated without the chance to defend yourself.
🚫 Discrimination – You were fired due to race, gender, pregnancy, religion, or disability.
🚫 Retaliation – You were fired for reporting misconduct, whistleblowing, or refusing illegal actions.
🚫 Breach of Contract – Your employer ignored notice periods, severance pay, or termination clauses.

📢 Tip: If your employer did not follow due process, you may have grounds for appeal or legal action.

2. Take Immediate Action After Being Fired

🔹 Step 1: Request a Written Termination Letter

✔️ Ask your employer for a termination letter stating the reason for your dismissal.
✔️ If they refuse, send an email requesting written confirmation.
✔️ Keep a record of all communication related to your termination.

📢 Tip: A termination letter is critical evidence if you challenge the dismissal.

🔹 Step 2: Review Your Employment Contract & Company Policies

✔️ Check your contract for:

• Termination clauses (notice period, severance pay).
• Disciplinary procedures (was due process followed?).
• Any dispute resolution mechanisms (internal appeals, mediation, arbitration).

📢 Tip: If your employer breached the contract, you have grounds to challenge the dismissal.

🔹 Step 3: Gather Evidence to Support Your Case

✔️ Collect emails, performance reviews, payslips, attendance records, and witness statements.
✔️ If possible, ask colleagues to confirm unfair treatment in writing.

📢 Tip: Strong evidence increases your chances of winning an appeal or legal case.

🔹 Step 4: Check Labor Laws for Employee Rights

✔️ In Kenya, the Employment Act, 2007 protects employees from unfair dismissal.
✔️ Employers must follow due process, including:

• Providing a valid reason for dismissal.
• Holding a disciplinary hearing before termination.
• Giving proper notice or payment in lieu of notice.

📢 Tip: If your employer violated labor laws, you can file a case at the Employment and Labour Relations Court (ELRC).

3. How to Challenge an Unfair Dismissal

🔹 Option 1: File an Internal Appeal

✔️ Many companies allow employees to appeal dismissals within 5-14 days.
✔️ Write a formal appeal letter requesting a review of the decision.
✔️ Submit evidence proving your dismissal was unfair.

📌 Sample Appeal Letter Structure:

Subject: Appeal Against Unfair Dismissal

Dear [HR Manager’s Name],

I am writing to formally appeal my dismissal on [Date]. I believe the termination was unfair because:

• [State the reason, e.g., no valid reason, lack of due process, discrimination].
• [Provide evidence, e.g., previous good performance, lack of prior warnings, witness statements].

I request a reconsideration of the decision and a fair hearing regarding my case. Please let me know the next steps.

Best regards,
[Your Name]

📢 Tip: A well-written appeal can lead to reinstatement or a negotiated settlement.

🔹 Option 2: Negotiate a Settlement or Compensation

✔️ If your employer refuses to reinstate you, negotiate a financial settlement.
✔️ You may be entitled to:

• Severance pay (if dismissal violated contract terms).
• Salary for the notice period (if not given proper notice).
• Compensation for wrongful dismissal.

📢 Tip: Employers often prefer settlements to avoid legal cases and reputational damage.

🔹 Option 3: File a Legal Claim for Unfair Dismissal

✔️ If your employer ignores your appeal, file a case at the Employment and Labour Relations Court (ELRC).
✔️ The court can order:

• Reinstatement (getting your job back).
• Compensation for lost wages & damages.
• Penalties for employer violations.

📢 Tip: If your employer broke labor laws, they may be forced to pay compensation.

4. Protect Your Career After an Unfair Dismissal

🔹 A. Request a Neutral or Positive Reference

✔️ Even if dismissed, ask HR to provide a neutral job reference (avoiding negative remarks).

📢 Tip: Some employers agree to change your record from ‘Dismissed’ to ‘Resigned’ if negotiated properly.

🔹 B. Update Your CV & LinkedIn Professionally

✔️ Avoid mentioning the dismissal on your CV.
✔️ If asked in interviews, say:

• “I left due to a difference in expectations with my previous employer.”
• “I am seeking new opportunities that align with my skills and values.”

📢 Tip: Keep the conversation positive—never badmouth your former employer.

🔹 C. Seek Legal or HR Advice Before Signing Any Agreement

✔️ If your employer offers a severance package, review it carefully.
✔️ Do not sign anything without legal or HR advice.

📢 Tip: Some agreements prevent you from taking legal action, so read carefully before signing.

5. How Ultimate Forensic Consultants Can Help You

At Ultimate Forensic Consultants, we assist employees by:

🛡 Reviewing Dismissal Cases & Appeal Letters – Strengthening your case with legal analysis.
🛡 Negotiating Settlements & Compensation – Ensuring you receive fair payouts.
🛡 Filing Wrongful Dismissal Claims – Representing employees in labor courts.
🛡 Providing Career & Legal Advice – Helping you protect your professional future.

📞 Fired unfairly? Contact Ultimate Forensic Consultants today for expert defense!

6. Conclusion

If you have been fired unfairly, you have legal rights to challenge the dismissal, appeal the decision, or seek compensation. Gather evidence, negotiate strategically, and seek expert guidance to protect your future.

📞 Need expert legal or HR advice? Contact Ultimate Forensic Consultants today!

FAQs

1. Can I be fired without a disciplinary hearing?
🚫 No! Under Kenyan labor laws, you must receive a fair hearing before dismissal.

2. How long do I have to appeal an unfair dismissal?
✅ Most companies allow 5-14 days, but legal claims can be filed within 3 years.

3. Can I sue my employer for unfair dismissal?
✅ Yes! You can file a case at the Employment and Labour Relations Court if the dismissal was unlawful.

📢 Need expert help? Contact Ultimate Forensic Consultants today!