Wrongful Dismissal Pickering - If you were suddenly let go or demoted from your job, you might be able to take legal action against your employer for wrongful dismissal. Our firm's wrongful dismissal lawyers can advise you on the best course of action in order to protect your interests.
If you are an employer contemplating about dismissing someone, it is suggested that you seek the recommendation of our lawyers. We can help you to understand your options and avoid 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 whichever circumstance, we can help you to know and protect your rights.
The real question is how much may you be able to get from a wrongful dismissal? Normally the compensation will cover the lost benefits and salary during the notice period, minus the notice or severance pay you might have received. You are expected to search for a new job after any employment dismissal and your efforts in this regard will be considered by the courts. If you earn cash throughout the reasonable notice period, that amount will be deducted from whatever judgment for damages.
If you for instance 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 usually give damages for stock option, moving expenses, bonuses, vacation pay along with pension, medical and insurance plans.
You may be able to claim that you have been constructively dismissed and go to court for wrongful dismissal, if in your case you status or duties are essentially altered. Constructive dismissal handles issues of job loss without getting fired or dismissed. It works this way: 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 in order to avoid a court case, but you can still sue if your employer breaches any major conditions of the employment relationship.
Based on all the circumstances of the employment relationship, it is really up to the court to determine whether a fundamental breach or change has taken place. For example, there is no constructive dismissal if you were given reasonable notice that there would be a change to your status or job. If you think a breach has occurred, you must immediately communicate to your employer that the change is not acceptable and try to negotiate a solution. Just then, if the issue is not resolved, can you quit and start a wrongful dismissal action against your employer. The court would consider the circumstances surrounding the resignation when it considers damages. Nonetheless, if you continue to work under the new conditions, the courts would consider you to have accepted the new employment arrangement.
Changes in your employment that could constitute as constructive dismissal would comprise: change in job responsibility, demotion, withholding pay; hiring a replacement; abusive treatment; forced leave of absence; forced transfer, reduced hours, short-term lay off.
The courts could compensate a worker which was terminated in some cases, like for example an employer's extreme behaviour causing mental distress, including 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 give damages based on many different factors which would eventually depend upon the particulars of each and every case. Please call our office and we could receive a consultation to know 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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