Every one of us has at times (especially when it’s time for performance appraisal) feared for our job. At the back of our minds, we know that the possibility that we may be laid off cannot be ruled out. Maybe our employer thinks we are not pulling our weight. Maybe our manager thinks we are slacking off work. But we still forge ahead and do our best. Employment is ‘at will’, it is usually not guaranteed. That is why, you may be horrified to learn that employers can fire you any time they want for any reason, no matter how flimsy. Fortunately, there are laws that can prevent the unjust laying off of employees. If you feel like you have been fired for an outrageous or unhumanitarian reason, then you can seek the help of the law and if you can prove that you are a victim of wrongful dismissal, then you can win a settlement.
Wrongful dismissal
Wrongful dismissal is a legal term that denotes the act of illegal termination of a person’s employment. It can be traumatizing for a person. It deals a blow to his/her confidence. What is even worse is that it leaves the person in between jobs. And if the victim were unable to find employment right away, it would lead to a loss of livelihood. If the person is the sole breadwinner of the family or has dependants, then the ramifications of wrongful dismissal affect them as well.
What are some instances of wrongful discrimination?
When will you know for sure that you have been fired unjustly and it’s time to take action against your employers? Here are a few examples of wrongful dismissal and instances where your human rights are violated which entitles you to seek redressal-
- You were fired without notice
- Your employment was terminated without cause
- You were fired but not paid the severance package (money and benefits)
- You were fired during the probationary period
- You were sick and on medical leave, that is why your employer laid you off.
- Your race was the reason you were let go
- Your employer is a sexist and you were fired because you are a woman
- You practice a different religion (are a religious minority) or wear the symbols of your religion on your person which is why your contract was terminated
- Ageism is another common grounds of wrongful dismissal
- In a bid to enforce heteronormativity, you were fired because of your sexual orientation or identity.
- You are differently-abled and that is why you were made to leave
- You filed a complaint against your employer (for discrimination, sexual harassment, etc) and you were fired as retaliation
- You were in a relationship with your employer and when that did not work out, you broke up, and soon you were handed your contract termination notice.
- Your employer perpetrated a breach of the employee handbook.
What should you do if you perceive that you have been unlawfully dismissed?
Being fired suddenly can be disorienting. You will be reeling from shock, disbelief, and outrage. But what you do now is crucial. So you have to be calm and decisive.
Here are a few things you must try and do
- You know that you have been fired on the grounds of your sex/ religion/ race/ sexual orientation. But knowledge alone will not win the case. Try to gather proof. Do you have text messages where your employer’s disdain becomes evident? Save them. If you are going to allege sexual misconduct, then are there any CCTV footage? Think and note everything down.
- You have the right to request access to your file that is maintained by your employer. That will come in handy at the time of the investigation.
- Do not be aggressive and challenge your employer. This will go against you in any court of law.
- Do not maintain contact with your employer after you have been fired.
- Do not be a party to any negotiation with the company
- Do not rant against your employer or company on social media because your employer might file a defamation suit against you.
- Return any company property you had been using (a laptop or car) and diligently follow every post-employment rule.
- Hire a lawyer who will help you bring your employer to book. Wrongful dismissal lawyers will collate evidence and take the fight to your employer. Hand over any evidence that you may have collected and brief them in painstaking details about everything that had transpired and led to your dismissal.
If you feel like you have been fired for an unjust reason, you can seek legal recourse and if you can prove that you are a victim of wrongful dismissal, you can seek damages. At Claim Settlement, our network of lawyers have 20 years of experience in handling personal injury and accident cases and has recovered millions of dollars in settlements for our clients. Our initial consultations are absolutely free and you don’t pay until our networks of lawyers have procured you 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