How to Deal with Being Fired Unfairly: A Step-by-Step Guide
Being fired unfairly can be devastating, but you have rights and legal options to challenge wrongful dismissal. If your termination was without just cause, discriminatory, or violated due process, you can appeal, negotiate a settlement, or file a legal case.
At Ultimate Forensic Consultants, we specialize in helping employees fight unfair dismissals, ensuring they receive justice, compensation, or reinstatement.
This guide explains how to deal with being fired unfairly, including legal steps, negotiation tactics, and how to protect your career.
1. What is Unfair Dismissal?
Unfair dismissal occurs when an employer terminates your employment without a valid reason or without following due process.
Examples of Unfair Dismissal:
🚫 No Just Cause – Fired without a valid reason.
🚫 Discrimination – Fired due to race, gender, religion, or disability.
🚫 Retaliation – Fired for reporting workplace misconduct or refusing illegal requests.
🚫 Breach of Contract – Fired despite contractual protections.
🚫 Lack of Due Process – No disciplinary hearing or written notice before termination.
📢 Tip: If you were dismissed unfairly, you have the right to challenge the decision and seek compensation.
2. Steps to Take Immediately After an Unfair Dismissal
🔹 Step 1: Stay Calm & Request a 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 crucial evidence if you decide to challenge the dismissal.
🔹 Step 2: Review Your Employment Contract & Company Policies
✔️ Check your contract for termination clauses, notice periods, and dispute resolution procedures.
✔️ Review company policies on termination, misconduct, and employee rights.
📢 Tip: If your employer violated contract terms, you have legal grounds to dispute the dismissal.
🔹 Step 3: Gather Evidence
✔️ Collect emails, work records, performance reviews, and witness statements.
✔️ Keep copies of salary slips, disciplinary notices, or warning letters (if any).
✔️ If colleagues witnessed unfair treatment, ask them for written statements.
📢 Tip: Strong evidence improves your chances of a successful 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.
3. How to Challenge an Unfair Dismissal
🔹 Option 1: File an Internal Appeal
✔️ Most 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 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 violated labor laws, they may be forced to pay compensation.
4. Protecting 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!