Losing your job for no valid reason can be a horrible experience in Canada, and can bring so many instabilities in your life.
Such as it can leave you financially insecure, emotionally distressed, and uncertain about your future.
Don’t worry; you will not need to suffer in silence.
Every loss deserves justice, and this is where experienced Employment Lawyers play a primary role.
They will build a solid case around your situation, and work towards resolving the matter without going to court, however, they will take you to court if the defending situation demands this.
Considering the above details, this post highlights how as an employee, you have the right to seek professional help in the case of wrongful termination, and how it will help you reduce the stress and the repercussions of the termination.
In Canada, wrongful dismissal is defined as an employee’s discharge or dismissal by the employer without cause or reasonable notice or pay in lieu of notice upon termination.
This contrasts with instances when an employee is dismissed based on his misconduct, for which no notice or severance may be required.
Generally, claims of wrongful dismissal arise when employees believe that they were not given adequate notice or pay or that they have been sacked when no compelling reasons existed to the effect of warranting dismissal.
This is where an employment lawyer comes into the picture in rendering necessary legal advice to employees against wrongful dismissals.
They will be able to evaluate, for you, whether the termination was, in fact, wrongful and help you determine if you are or not you are entitled to severance pay, additional notice, or other damages.
The Employment law of Canada is rather confusing since differences in legislation sometimes exist between federal and provincial jurisdictions.
Having an expert on your side will avoid costly mistakes and missed opportunities for fair compensation.
One of the primary responsibilities of an employment lawyer includes negotiating severance packages on behalf of employees.
Many a time, whenever a case of wrongful dismissal comes up, the employer may bring in some proposal for a severance package to reduce the liability of the claim.
However, such packages may not be presented in the best interest of the employee.
The attorney will weigh the offer against what one is entitled to under the law and negotiate a better settlement.
This can include an increased payout, better benefits that last longer, or other employee-favoring conditions.
In the event of a negotiation failure, an employment lawyer assists in filing a legal claim against the employer.
They do the preparation of court documents, gather evidence, and court representations accordingly.
Since the case of wrongful dismissal is emotionally stressful, having a lawyer ensures due process in a case for effectiveness in the outcome.
They are also conversant with alternative dispute resolution procedures like mediation or arbitration when warranted, by which the matter can be resolved more expediently without going to court.
Success Rate:
Per general estimates, around 90% of cases settle before trial. Taking a case to trial is costly and risky for employers, so many choose to settle.
In cases relating to wrongful dismissal, an employment lawyer can support businesses in making sure that they adhere to the different employment laws associated with dismissing employees, be it by notice or notice pay.
A potential service an employment lawyer could provide is to analyze contracts, policies, and procedures to make sure they meet the legal threshold while offering protection for the employer from such claims at the same time.
Wrongful dismissal claims must be professionally represented through an attorney on their behalf.
Quite often, employment lawyers seek to establish that their clients dismissed the employee for cause or that proper notice was provided or severance pay as set out in the employment standards legislation was paid.
Quite often, they are well-placed to assist employers in trying to settle a matter before going to court and hence minimize potential losses and reputational damage.
In case the matter goes to the courts, an employment lawyer eloquently represents the case in court by preparing the evidence and arguments.
Other ancillary issues, like the procedural requirements for presenting one’s case before the court, will be dealt with to make sure that one’s case is represented in the most robust manner.
Employment law is a complex form of law, therefore it is necessary that an experienced lawyer is present to ensure no further complications arise.
A lawyer will look after the rights of an employer.
Employment lawyers will assist in the preparation and review of such employment contracts which might become vital in a case related to wrongful dismissal.
A good contract will clearly specify what constitutes grounds for dismissal, severance pay, and notice period, and therefore can help to avoid disputes.
Where there is an issue of unfair dismissal, this is the contract upon which the decision, of be it an employer has fulfilled its various legal provisions given, rests.
No case of wrongful dismissal in Canada is easy to deal with, be it an employee or the employer, without the use of a legal expert.
It is where employment lawyers come into great play by advising on legal matters that concern employment, negotiating settlements whenever they may be available, and litigating laws related to employment.
Be it for an employee in search of compensation for wrongful termination or for an employer who wants to defend himself against such a claim, an informed employment lawyer ensures that your rights are protected and your case is professionally and fairly handled.
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