Getting fired from your job is devastating. It means the sudden loss of income, benefits, and stability. You may have trouble paying your bills or providing for your family. While there are many legal reasons for an employer to terminate an employee, there are also laws in place to protect workers from wrongful dismissal. If you believe you’ve been fired unfairly or without just cause, speaking with a wrongful dismissal lawyer helps you understand your rights and navigate the system.
What is wrongful dismissal?
Wrongful dismissal, as wrongful termination, refers to when an employee is fired for illegal reasons that violate employment standards laws or breach the employment contract.
Discrimination – It’s illegal to fire someone based on protected grounds such as race, religion, gender, sexual orientation, disability, pregnancy, or age.
Retaliation – An employer fires you for exercising your employment rights, such as taking protected leave, reporting unsafe working conditions, or refusing to do something illegal.
Breach of contract – They are have an employment contract wrongful dismissal lawyers in brampton, the employer must honor the agreed-upon terms for notice of termination and severance pay.
Constructive dismissal – It is workplace conditions become intolerable due to harassment or unreasonable demands; you may have grounds to resign and claim constructive dismissal.
Without just cause – Most provinces require employers to have just cause to terminate an employee without notice or severance pay. Lack of capability or poor performance is typically not enough.
If any of these apply to your dismissal, a wrongful termination lawyer you understand if it constitutes wrongful dismissal based on the circumstances. They will determine if you have grounds to pursue legal action against your employer.
Wrongful dismissal lawyer
Navigating wrongful dismissal and employment laws is complex, but a lawyer experienced in this area provides invaluable help. Their assistance can include:
- Reviewing your termination – They will ask questions about how and why you were dismissed, review any relevant documents, and assess if it constitutes wrongful termination.
- Explaining your legal options – Based on the reason and circumstances of your firing, they explain the grounds for a lawsuit or complaint and the best legal recourse. This could include filing discrimination charges or a breach of contract lawsuit.
- Negotiating a settlement – Many wrongful dismissal cases settle out of court. An employment lawyer negotiates a fair settlement and severance package. The average is about 1-2 months’ salary per year worked, but vary based on circumstances.
- Representing you – If necessary, the lawyer represents you through the litigation process, including filing lawsuits, navigating paperwork and deadlines, gathering evidence, questioning witnesses, and appearing in court or tribunals on your behalf.
- Enforcing judgments – If you win your case, they will ensure the judgment is properly paid out and take any necessary steps to enforce it.
Top signs you should speak with a wrongful dismissal lawyer
They are every termination warrants legal action. Here are some clear signs it’s in your best interest to speak with a wrongful dismissal attorney:
- The fired abruptly without prior notice or discipline – Most provinces require progressive discipline before termination, except in cases of serious misconduct. Being fired without warning suggests the employer lacks just cause.
- The stated reason doesn’t align with your performance – You received positive reviews but were abruptly cited for poor performance. This dubious rationale points to unlawful motives.
