It is an incredibly stressful experience being fired from your job. If you suspect that you have been wrongfully terminated by your employer, your stress will be heightened as your situation is even more vulnerable. Your rights upon being wrongfully terminated are complicated and the thought of taking on your former employer to enforce your rights is a frightening prospect. If you have been fired and believe you may have been wrongfully dismissed, you should not delay in getting legal advice from a wrongful termination lawyer. In this post, I will discuss my top three tips for employees who suspect that they may have been wrongfully terminated.
Wrongful termination lawyer’s top tips for dismissed employees 1) Your employer can dismiss you, but you must be given reasonable notice of termination or severance from your employer
Employers have a legal obligation to give employees notice of termination of employment unless there is “just cause” for immediate dismissal (for example, due to misconduct or neglect of duty). Notice may be in the form of working notice, or it may be salary continuance or a lump sum payment in lieu of notice. If you were terminated without cause and you were not given reasonable notice or payment in lieu (or the notice provided is less than agreed upon in your employment contract), the dismissal is said to be “wrongful” and you are legally entitled to seek compensation from your employer. A wrongful termination lawyer can assess your situation, advise you on whether you were wrongfully dismissed, and evaluate the likely range of compensation for your claim. 2) You may be entitled to more than the minimum notice period set out in the Employment Standards Act. Many employees who have been terminated do not realize that the employment standards legislation provides only the minimum amounts owed by an employer. Even where an employer has met these statutory minimums, the dismissal could still be considered wrongful if the notice provided is not reasonable in accordance with notice requirements at common law (assuming, that is, that the employment contract does not contain a valid limit on the common law notice period). Reasonable notice at common law is often considerably higher than the notice periods set out in the employment standards act and will depend on factors such as your age, your position, your length of service, and the availability of similar employment. 3) You can get legal advice from a wrongful termination lawyer without having to start litigation If you don’t need a wrongful termination lawyer to start a lawsuit but rather to provide you with legal advice and guidance, consider choosing a wrongful dismissal lawyer who offers an “unbundled” law service option. “Unbundling” means that you can choose which services you want and which to forego, which can be less expensive in the end. This way, you will never pay for non-essential legal services beyond those you require. Have a look at my earlier blog https://www.jldabolllaw.com/b/do-you-need-a-wrongf... which discusses whether you need a wrongful termination lawyer in Niagara and how unbundled legal services from a wrongful termination lawyer may be an ideal option for you. Do you need a wrongful termination lawyer in Niagara? If you have reason to believe you were wrongfully terminated, then it is in your best interests to have your case evaluated by a wrongful termination lawyer. As Niagara's choice for solid legal advice, I do my utmost to provide all my clients with wise legal counsel and clear strategies for obtaining results. In addition to advising clients who have been wrongfully terminated, I also provide advice to clients with other employment law matters, including workplace bullying, workplace harassment, sexual harassment in the workplace. Please contact us for more information about how we can help you.