Were You Wrongfully Terminated? How To Fight Your Former Employer

Sometimes for many reasons, an employer will fire a worker. Even a good worker can be fired from a job. Knowing when the dismissal is justifiable is not always clear-cut. In cases where there is some doubt as to the fairness of the dismissal, your best bet is to get in touch with a wrongful dismissal lawyer for advice. The lawyer will be able to review your case to help determine if you have a case for compensation. The main purpose of a wrongful dismissal lawyer is not so much about getting the client’s job back, but getting them monetary compensation for being fired without due notice.

What You Need to Know

There are some important facts that you need to know that will help determine whether you have a case for wrongful dismissal. The first issue that your lawyer will want to determine is whether there was just cause for firing you. Major offenses such drug and alcohol abuse will give your employers just cause to dismiss you without notice. Some other instances of just cause for dismissal include:

  • Neglect of one’s duties
  • Ignoring workplace policies and standards
  • Disobedience of orders from your supervisors
  • Violence
  • Conflict of interest
  • Theft

What the lawyer can do for You

Before doing anything else, a wrongful dismissal lawyer will have to determine if the employer has the right to dismiss you without notice or severance pay based on the terms of your contract. Under Canadian law, in most cases, if an employer fires you, they have to give you notice of the intent to do so or pay you in lieu of that notice. It is important to note that you can be fired without just cause if you get notice that you will be fired.

The attorney will want to know the terms of your employment contract as this will or should outline your notice period. This contract can be either written or oral. When filing a claim on your behalf, the lawyer has two main options, namely:

  1. Filing an employment standards claim: This type of claim has a maximum payout of $10,000.
  2. Filing a civil action suit: This type of claim has no payment limitation, but may take a longer time.

Even if you have received notice and notice pay, you can also contact a lawyer if you feel that you are entitled to more payment. If you have doubts, it may be best not to sign any documents until you have spoken to a lawyer and gotten legal advice.

Visit a local law firm like Scher Law if you have any questions, or if you are interested in hiring a wrongful dismissal lawyer.

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