Wrongful Dismissal Markham - You may be able to take legal action against your employer for wrongful dismissal, if you were abruptly demoted or let go from your job. Our employment lawyers can advise you about the next action for you to take to be able to protect your interests.
It is recommended that you acquire help from an experienced lawyer, if you are an employee considering about dismissing somebody. We can help you to know your alternatives 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 whatever situation, we can assist you to understand and protect your rights.
How much might you get if you prove wrongful dismissal? Compensation typically covers salary and benefits which were lost through the reasonable notice period, less whichever notice or severance pay you did receive. You are expected to search for a new job after whichever employment dismissal and your efforts in this regard would be considered by the courts. If you earn money during the reasonable notice period, that amount would be deducted from whichever judgment for damages.
For example, if you only received six weeks of notice prior to being terminated, and you were allowed to a reasonable notice period of six months, a court would probably calculate the damages to include six months' worth of benefits and salary. The courts usually give damages for moving expenses, bonuses, vacation pay, moving expenses in addition to pension, medical and insurance plans.
You may be able to claim that you have been constructively dismissed and sue for wrongful dismissal, if in your case you status or duties are fundamentally changed. Constructive dismissal deals with matters of job loss without getting fired or dismissed. It works like this: you were vice president of sales, but now 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 take legal action if your employer breaches whatever major conditions of the employment relationship.
Based on all the circumstances of the employment relationship, it is actually 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 job or status. If you think a breach has taken place, you must immediately 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 initiate a wrongful dismissal action versus your employer. The court will 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.
The following changes within the employment relationship, which could qualify as constructive dismissal, are the following: withholding pay, change in job responsibility, demotion; abusive treatment, forced leave of absence, hiring a replacement; reduced hours; short-term lay off; forced transfer.
The courts could compensate a worker which was terminated in certain cases, like for example an employer's extreme behaviour leading to mental distress, including defamation, assault and even loss of reputation. You can be compensated if you left a previous 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 specifics of each and every case. Please get in touch with our office and we could receive a consultation to find out what your rights are. We would look at all factors of your complaint and determine if you have a case for constructive dismissal.
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