Wrongful Dismissal Waterloo - You may be able to sue your employer for wrongful dismissal, if you were abruptly let go or demoted from your job. Our employment lawyers can advise you regarding the next action for you to take to be able to protect your interests.
It is suggested that you obtain help from an experienced lawyer, if you are an employee considering about firing somebody. We can help you to understand your alternatives and prevent a possible lawsuit.
We can assist both the employer who is seeking to let go an employee, and for an employee seeking damages for a wrongful dismissal. In whatever circumstance, we can assist you to protect and understand your rights.
How much might you recover if you prove wrongful dismissal? Compensation normally includes benefits and salary that were lost through the reasonable notice period, less whatever notice or severance pay you did receive. You are expected to search for a new job after whatever employment dismissal and your efforts within this regard would be taken into account by the courts. If you earn money through the reasonable notice period, that amount would be deducted from whatever judgment for damages.
If you like for example just received six weeks of notice previous to termination, and you were truly allowed to more notice, then a court can calculate that entitled time into the damages. The courts usually award damages for vacation pay, stock options, moving expenses, bonuses as well as pension, medical and insurance plans.
If your duties or status are basically altered, you might claim that you've been constructively dismissed and sue for wrongful dismissal. Constructive dismissal refers to getting fired without truly getting dismissed. It works this way: you were sales vice president, but now you are "special projects manager" in a closet near the mailroom. Employers can try this approach so as to prevent a lawsuit, but you can still go to court if your employer breaches any 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 instance, you were given reasonable notice that the alteration will occur. If you think a breach has occurred, you must instantly communicate to your employer that the change is not acceptable and try to negotiate a solution. Just then, if the matter is not resolved, can you resign and begin a wrongful dismissal action versus your employer. The court would take into consideration 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 in the employment relationship, that may qualify as constructive dismissal, are as follows: withholding pay, change in job responsibility, demotion; hiring a replacement; abusive treatment; forced leave of absence; reduced hours; short-term lay off; forced transfer.
In some situations, the courts may compensate a terminated worker for damages connected to such things as an employer's extreme behaviour resulting in mental distress, including assault, loss of reputation and even defamation. You can be compensated if you left a previous employer at the insistence of the employer who dismissed you.
The courts can award damages based on several various aspects that will ultimately depend upon the specifics of every case. Please phone our office and we can receive a consultation to find out what your rights are. We will look at all aspects of your complaint and determine if you have a constructive dismissal case.
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