Brief Description on Wrongful Dismissal
Losing a job can be devastating and frustrating. If you face wrongful dismissal, you must also be wondering what your rights are as an employee. Does you manager has the authority to fire you like this, or have you been the victim of discrimination?
Although it is vital to know that employers and employees can end the employment agreement for any permitted reason, certain obligations need to be met if the employee wants to dismiss you from a certain position.
One of the significant obligations followed by the majority of companies is providing a reasonable amount of time to the worker to find a new job.
However, if you want to know the obligation in your case, you need to make sure you have been dismissed with or without the case.
Wrongful dismissal Ontario Canada occurs when an employee is terminated without any genuine case and is laid off by an employer without any appropriate notice of termination or pay.
Most of the time, the employee is also not provided the termination pay they are entitled to.
Termination without Cause
Generally, an employer can terminate the employee from any type of business for any cause or reason. However, when the employee is terminated without any cause, certain obligations are applied, and the employer is obliged to provide the employee with proper notice.
Termination without notice or cause is wrongful when the employee is not paid out the allowed compensation payments.
It can be easily explained, for example, the employee does not have an in force termination cause, and the employee pays you the standard employment minimums, then termination will be wrongful because you owe more service than you are being offered.
Some employees working in regulated sectors have additional protection for federally regulated employment.
If you have been dismissed from the employment without a genuine reason, no proper notice or pay, it will be wrongful dismissal, and you will have the rights under the law.
Negotiation
If you are sure about your rights, then it is suggested to resolve your problem with the employer in person as fast as possible. It is suggested to set a meeting with the employer to discuss the concerns and negotiate the settlement.
Before setting the meeting, note down the things you need to talk about and the information that is relevant to the topic.
If the employer does not agree to meet with you or consider your terms, you can hire a lawyer. A strongly worded letter is enough to encourage the employer to listen to the employee or pay the untitled amount.
If the employer still does not agrees to pay you, then you can take them to court along with your case,
Suing for wrongful dismissal
In wrongful dismissal of Ontario, the amount that is asked to be paid is maximum to $35,000 or less, and you have the right to take the employer in the court of law. If the amount to be claimed is above $35,000, then the lawsuit is required to be applied in the higher court.
Mostly the employee does not want to give court visits; instead, they prefer to pay the employee so that matter can be settled.
There are three types of compensation that you can ask in case you sue the employer.
• The first one is to claim that you were wrongfully dismissed, and you can ask for the money equal to the notice period you were entitled too
• Second, if the manager or employer fired you in a humiliating or disturbing way and it has caused you mental stress, you can ask for special compensation
• If the purpose of firing is intended to cause you an embarrassment to lower you down, you can demand money as a way of punishing the employer for his actions. However, the cases of mental harassment and distress are only allowed in severe cases.
What to Do After a Wrongful Dismissal
After the termination, there are multiple steps that you need to take to make sure that you take your legal rights. If your employer has dismissed you for no apparent reason, no, he has informed you before terminating, then
• you should write a detailed description of what happened and the dates and names. Because most of the time, many things get a skip from the mind, therefore, it is better to keep everything straight in your mind and write everything so that you do not forget anything or any detail.
• It is important for you to get your documents in order, look for the employment contract, email, texts showing any workplace issues, performance review phrases, and other documentation.
• The most important thing you must seek is taking help from an employment lawyer as soon as possible.
• Most employees are entitled to more compensation than they think they are. There is a lot of incorrect information available on the internet that you must be informed about to get the right compensation you deserve.
The situation of each company and its employees is different from others. In general, the law for wrongful dismissal in Ontario, Canada, is established, which says that if both sides have competent legal counsel, then the case will be resolved in a free month.
If you are an employee and have been terminated for a cause and feel like it was not justified or believe that you were not provided with enough or significant information or notice. You can contact a lawyer to avoid potential claims.
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