Employment Lawyers for Australian Executives

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Call 1300 789 302 to speak
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+61 3 9653 9123

16th June 2022

Call 1300 789 302

16th June 2022

  • Fast Facts
  •     How to avoid the 10 most common mistakes made by executives
  •     Employment Contracts
  •     Redundancy Entitlements
  •     Bonus Plans
  •     Wrongful Termination and the Law of Contract
  •     Restraint of Trade Covenants
  •     Deductibility of Legal Expenses
  •     The Fair Work Act 2009 – Unfair Dismissal and Implications for Executives
  • Emergency Checklists
  •     10 things you need to know if you are facing possible wrongful termination
  •     10 Basic rules to follow if you are confronted with a disciplinary meeting
  • Expatriates - Employment Law Issues
  •     Australian employment law and the Fair Work Act 2009
  •     Negotiating an Expatriate Employment Agreement
  • Employment Contract Review

10 things you need to know if you are facing possible wrongful termination

Provided you follow the principles below, you will ensure that you have the best possible case to subsequently mount against your employer.

  1. Don’t resign without taking prior legal advice.
  2. Don’t sign any documents without taking prior legal advice.
  3. Don’t say you are taking legal advice. If your employer knows that a lawyer is involved, they are likely to be more guarded in their dealings with you.
  4. Don’t make any admissions. If asked to provide an explanation of your conduct/performance, you should do so, as a timely explanation may stop an investigation in its tracks. However, when replying to questions, you should not do so in a way that will open up other lines of inquiry by the employer or make it easier for them to establish a case against you.
  5. Don’t take on new duties or by your conduct appear to relinquish your old position without taking prior legal advice.
  6. Perform your current role to the best of your ability (don’t give them any excuse to terminate you).
  7. Make sure you have a copy of your contract of employment and all relevant documents relating to your terms and conditions of employment and the immediate crisis off the premises. Be mindful that you may be suddenly locked out of your office and denied access to the documents that will be necessary to build your case.
  8. Don’t be pressured into making an early decision before your cause of action has been thoroughly evaluated. If necessary, simply say that you need to speak to your accountant or your spouse or come up with some other excuse until legal advice can be obtained.
  9. Be meticulous about confidentiality. Only communicate with external advisers by a confidential e-mail address that cannot be accessed by your employer.
  10. If you have been handed a cheque and have been told at the time of receiving it words to the effect that it is in full and final settlement of all claims or you have received a memo or letter from the employer to the same effect, don’t bank the cheque. In these circumstances, make it clear that you reserve all your legal rights to receive payment on an unconditional basis.If the employer makes a unilateral payment into your bank account, then that of itself will not compromise your claim.