There is a gamut of laws that safeguard a person’s employment rights. This includes a law that determines how an employee can be terminated. If this law is violated, then it would be a case of unfair or wrongful dismissal.
In Ontario, Canada, wrongful termination occurs if an employee is-
Fired without any cause (no misconduct or fault on your part)
Laid off from work without first being provided with a termination notice
Fired without the payment of money in lieu of the termination notice (this is known as severance pay or termination pay)
You may be fired by your employer for any number of reasons- fair or unfair. However, you can file for redress if your termination happened without a specified cause or termination notice or severance package.
Should you make a claim for settlement in a wrongful dismissal case?
Yes, if you have evidence that your termination meets the criteria of wrongful dismissal (the three conditions we outlined), then you are well within your rights to seek a settlement. You can sue your employer for wrongful dismissal if there is a breach of your employment contract.
An employer is bound by the law to provide a reason for your termination. It could be anything- from not liking you to finding someone better suited for your job. The reasons may be unjust or discriminatory or inhumane (fired because of your race, religion, age, physical disability, or sexual orientation), but the cause of termination has to be sited. If not, you have solid grounds for filing a wrongful dismissal case.
Employers are also expected to pay a severance package. Employers can choose to serve you a working notice of your employment termination so that you can keep working and making the required arrangements (searching for a new) until the date of your termination arrives. But many employers decide to terminate the contract effective immediately and they pay the severance fees as a kind of compensation.
Why pursue a wrongful dismissal claim?
By deciding to take this forward, you can make your employer pay you the severance package that you deserve. Being fired can have severe financial repercussions on you and your family. Your economic constraints may continue until you find another job. The severance package can help keep your family afloat during this time. If you have been denied that, you should seek damages. Consult experienced personal lawyers right away so that they can build a case for you and procure you the compensation you deserve.
Something to help your case
After you are wrongfully dismissed, you will naturally be looking for a new job. It is advisable to keep minute records of your job search and job interviews. This documentation can help your lawyers prove that you started looking for a job after the termination without a severance package.
Other damages
Since some grounds of dismissal are considered inhuman, you may also be entitled to moral or punitive damages. If the Human Rights Code, Employment Standards Act or the Occupational Health and Safety Act are violated by your employer or if you think that the cause of your employment termination was illegal, or if your employer acted with malice and did something to jeopardize your future prospects for acquiring a job, you can file for other types of damages as well. Once again, your personal injury lawyers can help you with their experienced counsel.
What to expect from a wrongful dismissal case
It is important to remember filing a wrongful dismissal case is not about revenge against your employer for firing you. It is a way to get you what you rightfully deserve. It is meant to give you the compensation that your employer did not see you through the interim period until you land your next job.
So, as soon as you have been wrongfully fired, get in touch with personal lawyers who have experience in dealing with cases of wrongful dismissal. Sometimes, the severance package offered by the employer is insignificant when you clearly deserve more. Your lawyer would be able to negotiate a more reasonable settlement.
Keep a copy of every relevant document and email. Hand everything over to your lawyers. Documentation can serve as evidence.
Negotiations will take place between your and your employer’s lawyers over emails, meetings, and phone conversations. You will most likely not be involved directly.
In most cases, a decision that is acceptable to both sides is arrived at quite quickly.
If negotiations are not successful, your lawyers will take legal action by filing a wrongful dismissal case.
At Claim Settlement, our network of lawyers.. we connect you with have over 20 years of experience in handling personal injury and accident cases and have helped clients recover the maximum compensation in claim settlements. Our initial consultation is absolutely free and you don’t pay your lawyer until you receive the compensation you deserve. If you have suffered an injury or been in an accident call us at 1-833-892-5246 for a free consultation or e-mail us at claim@claimsettlement.ca