Wrongful Dismissal Sudbury - You may be able to take legal action against your employer for wrongful dismissal, if you were suddenly let go or demoted from your job. Our employment lawyers can advise you regarding the next action for you to take so as to protect your interests.
It is recommended that you acquire assistance from an expert lawyer, if you are an employee thinking about firing someone. We can help you to understand your options and prevent a potential lawsuit.
We can help both the employer who is seeking to let go an employee, and for an employee seeking damages for a wrongful dismissal. In whatever situation, we can assist you to protect and know your rights.
How much might you receive if you prove wrongful dismissal? Compensation usually includes salary and benefits which were lost during the reasonable notice period, minus whichever severance pay or notice you did receive. You are expected to search for a new job after whichever employment dismissal and your efforts within this regard would be considered 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 example just got six weeks of notice previous to termination, and you were truly entitled to more notice, then a court can calculate that entitled time into the damages. The courts often give damages for vacation pay, stock options, moving expenses, bonuses in addition to insurance, pension and medical plans.
If your duties or status are fundamentally changed, you can claim that you've been constructively dismissed and sue for wrongful dismissal. Constructive dismissal means getting fired without truly getting dismissed. It works like this: you were vice president of sales, but currently you are "special projects manager" in a closet next to the mailroom. Employers might try this approach to prevent a lawsuit, but you can still go to court if your employer breaches whatever major conditions of the employment relationship.
It is up to the court to determine whether a fundamental change or breach has occurred, based on all circumstances of the employment relationship. There is no constructive dismissal if, for example, you were given reasonable notice that the alteration would happen. If you think a breach has happened, you should instantly communicate to your employer that the change is not acceptable and attempt to negotiate a solution. Just then, if the issue is not resolved, can you quit and start a wrongful dismissal action versus your employer. The court would consider the circumstances surrounding the resignation when it considers damages. Then again, if you continue to work under the new conditions, the courts will consider you to have accepted the new employment arrangement.
Changes in your employment that can constitute as constructive dismissal would consist of: change in job responsibility, demotion, withholding pay; abusive treatment, forced leave of absence, hiring a replacement; short-term lay off, forced transfer, reduced hours.
In some situations, the courts can compensate a terminated employee for damages related to such things as an employer's extreme behaviour leading to mental distress, including loss of reputation, defamation, and even assault. You can be compensated if you left a prior employer at the insistence of the employer who dismissed you.
The courts can award damages based on many various aspects which would eventually depend upon the details of every case. Please call 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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