22/01/2020 0 Comments
Top Reasons to Hire a Wrongful Dismissal Lawyer
Collingwood’s Tamming Law sees firsthand that the loss of employment can devastate a person, both financially and emotionally.
The devastating effects are worsened where the loss of employment is brought about as a result of a wrongful dismissal. Unless an employee is being fired for “just cause” an employer is required by law to give the employee reasonable notice of termination or pay in lieu of that notice. An employee who is dismissed without notice or without enough notice is in an extremely vulnerable position, left unable to make ends meet without the ongoing income they and their family depend on. The good news is that a wrongful dismissal lawyer can help by fighting for full compensation and protecting the employee’s rights. Here are the top reasons to hire a wrongful dismissal lawyer.
Collingwood law firm’s top reasons to hire a wrongful dismissal lawyer
Here are some of the top reasons to hire a wrongful dismissal lawyer:
• To determine whether the termination was in fact wrongful.
In the aftermath of being terminated, you may be uncertain as to whether you are entitled to notice (or to more notice than you were given), or you may be unclear about whether you have a wrongful dismissal claim. If you were fired for cause, you may be wondering whether your employer was justified in firing you. Or you may have concerns about the manner in which your employer terminated your employment, which may give rise to a claim for additional damages. In your initial appointment with our Collingwood wrongful termination lawyer, we will discuss the facts of your case. You will get immediate answers as to whether you have a claim and an overview of your legal options.
• So that you understand your rights and entitlements.
Many people are not aware of their rights and entitlements upon termination. For example, many people are not aware that the statutory notice provisions in Ontario’s Employment Standards Act are the minimum to which an employee is entitled on termination of employment without cause. Most employees are also owed reasonable notice at common law, which is calculated based on a number of factors unique to the employee. An experienced wrongful dismissal lawyer can explain your rights, help ensure that your rights, are protected and provide you with an assessment of the range of compensation you should expect to receive.
• For advice on whether you have been constructively dismissed.
A constructive dismissal may occur when your employer makes a significant change to a fundamental term or condition of your employment without your actual or implied consent. Constructive dismissal is very fact specific. Sometimes the circumstances are not clear cut and it is difficult to know where you stand from a legal perspective. A skilled employment lawyer can advise you on whether you have been constructively dismissed and have the right to resign based on changes to your employment.
• To interpret your employment contract. If there is an employment contract in place, it may contain provisions that attempt to limit your entitlement to notice of termination or expand on the reasons for which your employment may be terminated without notice. An employment lawyer can review the employment contract and advise you on whether it is enforceable. A lawyer can also advise you on whether your employer breached the requirements of the agreement in terminating your employment.
• To evaluate what your employer has offered you. If you have been given reasonable notice or payment in lieu of notice, talk to a lawyer about whether it is enough. If you have been offered a termination package or severance package, do not sign it without first seeking legal advice. A skilled employment lawyer can review your case and advise you on whether the package is fair. A comprehensive severance package should include not just salary to which you would have been entitled, but also bonuses and benefits during the notice period.
•So that you do not have to communicate directly with your employer.
It can be highly intimidating for an employee to go up against a former employer, particularly if the employer is a large corporation with lawyers of its own, or if the employer has engaged in conduct that is harassing, discriminating, or bullying. When you hire a wrongful termination lawyer, the lawyer will communicate with your former employer on your behalf and handle all negotiations.
Get legal advice from a Collingwood wrongful dismissal lawyer
If you have faced a wrongful dismissal, count on the employment lawyers at Tamming Law. We are your source for reliable legal advice and strong advocacy, with offices in Owen Sound, Port Elgin and Collingwood. Wrongful dismissal lawyer John A. Tamming and the team at Tamming Law will review your specific situation and offer our best strategy for moving forward to protect you and your legal rights. Our lawyers are highly dedicated and we will fight to ensure that you receive the compensation you deserve. If you have an employment law question or have faced a wrongful dismissal, make an appointment to speak to our lawyers by calling us today toll-free at 1-888-945-5783. You can also contact our law firm by using our eForm. https://www.tamminglaw.com/contact/collingwood