Wrongful Dismissal Mississauga - If you were abruptly let go or demoted from your work, you might be able to take legal action against your employer for wrongful dismissal. Our company's wrongful dismissal lawyers can advise you on the best course of action to protect your interests.
If you are an employer thinking about firing someone, it is recommended that you obtain recommendation of our lawyers. We can assist you to know your alternatives and prevent a possible lawsuit.
We can help both an employee seeking damages for wrongful dismissal and the employer who is seeking to let go an employee. In whatever situation, we can help you to protect and understand your rights.
The real question is how much may you be able to get from a wrongful dismissal? Usually the compensation will cover the lost salary and benefits throughout the notice period, less the notice or severance pay you might have received. You are expected to search for a new job right after whichever employment dismissal and your efforts within this regard will be taken into consideration by the courts. If you earn cash through the reasonable notice period, that amount will be deducted from whichever judgment for damages.
If you for instance only got six weeks of notice previous to termination, and you were actually allowed to more notice, then a court could calculate that entitled time into the damages. The courts often give damages for vacation pay, stock options, moving expenses, bonuses as well as insurance, pension and medical plans.
If your duties or status are fundamentally changed, you can claim that you've been constructively dismissed and take legal action for wrongful dismissal. Constructive dismissal refers to getting fired without actually getting dismissed. It works this way: you were vice president of sales, but currently you are "special projects manager" in a closet near the mailroom. Employers can try this tactic to avoid a court case, but you can still sue if your employer breaches whichever major terms of the employment relationship.
It is up to the court to decide whether a fundamental change or breach has happened, based on all circumstances of the employment relationship. There is no constructive dismissal if, for example, you were given reasonable notice that the alteration will take place. If you think a breach has happened, you must instantly communicate to your employer that the change is not acceptable and attempt to negotiate a solution. Just then, if the matter is not solved, can you quit and begin a wrongful dismissal action versus your employer. The court would consider the circumstances surrounding the resignation when it considers damages. However, if you continue to work under the new conditions, the courts will consider you to have accepted the new employment arrangement.
The following changes within the employment relationship, which can qualify as constructive dismissal, are as follows: change in job responsibility, demotion, withholding pay; forced leave of absence, hiring a replacement, abusive treatment; reduced hours; short-term lay off; forced transfer.
In some circumstances, the courts can compensate a terminated worker for damages related to such things as an employer's extreme behaviour leading to mental distress, consisting of loss of reputation, defamation, and even assault. You could be compensated if you left a prior employer at the insistence of the employer who dismissed you.
The courts can award damages based on numerous different aspects that would eventually depend upon the specifics of every case. Please contact our office and we could receive a consultation to find out what your rights are. We will look at all factors of your complaint and determine if you have a constructive dismissal case.
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