Wrongful termination refers to a situation when an employer has terminated or laid off an employee in a manner that violates the employee’s legal rights. In order for an employee to pursue a wrongful termination claim, the employee must present proof that one or more legal rights were violated due to the firing.
Generally speaking, an employer is free to terminate or issue a demotion for an employee without justification. However, severance pay is required if a termination is without cause or grounds.
Cases in Thailand’s Labor Court often focus on whether an employer termination was justified and based on an improper act or in deficient performance by an employee.
Based on the following circumstances, an employer may be excused from paying severance pay:
Dishonestly performing duties
Intentionally committing an act of crime against their employer
Intentionally causing harm to their employer
Gross negligence causing serious harm to the employer
Violating rules at the place of employment for which a previous written warning has been provided to the employee
Neglect of the employee’s work duties for three consecutive days without any justification
Being sentenced to imprisonment, exceptions made for petty offenses and offenses stemming from negligent acts.
Our labor attorneys can assist you in your labor court case with aggressive representation and our decades of experience in Labor Court. Our firm’s partners include the leading expert in Thailand on Labor Law and Thailand Labor law disputes.
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