If you are dismissed from your position, it is crucial to determine whether or not you have a case for wrongful dismissal. The sentiment of being fired is sometimes painful for an individual. Although filing the claim is not complex, it happens at the wrong moment. That is why most people decide to hire an employment lawyer to guide them through the process. This blog post will discuss wrongful dismissal and provide a comprehensive guide on pursuing a claim if you consider you have been wrongfully dismissed.
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How to Determine if You are Wrongfully Dismissed?
You are sitting at the office, and out of nowhere, someone approaches you with a document stating that you are dismissed. On the other hand, as incredulous as the situation is, you believe that your employer did not have reasons to fire you. However, despite the unease feeling of what is going on, you have a right to compensation if it is determined that your employer just fired you wrongfully.
Nonetheless, the amount of payment you receive depends on the terms of employment set out in your employment contract. In case you are wrongfully dismissed, there are two main types of claims that you can make: wrongful dismissal or constructive dismissal.
What is a Wrongful Dismissal?
The los angeles wrongful termination lawyer explains that wrongful dismissal is when a worker is terminated from their position in a way that is not considered “reasonable” according to employment law.
- if they were fired without cause or let go in violation of employment contract
- the employer failed to provide appropriate notice of termination
If you believe that the employer dismissed you unfairly, it is crucial to speak with an employment lawyer as soon as possible. An experienced employment lawyer will advise you on the best course of action to take and can help protect your rights.
What Is Constructive Dismissal?
Constructive dismissal occurs when an employer has changed an employee’s contract without consent. For example, altering a contract means that an employer changes one of the key terms in an employment contract, such as pay rate or working hours, without approval from the employee.
Furthermore, the employer forces the worker to accept new conditions or leave. If the employee does not take this new arrangement, this may be considered constructive dismissal. The employer, in this case, has done everything to make a workplace as hostile as possible for the worker.
The critical difference between wrongful dismissal and constructive dismissal is whether or not either party has breached the employment contract. In a case for wrongful dismissal, an employer can terminate an employee without cause if they provide reasonable notice (or pay instead of notification).
However, in a case for constructive dismissal, an employer must have violated some terms within the employment agreement before they can dismiss you from employment without providing reasonable notice (or payment in lieu thereof).
If you have been wrongfully dismissed, there are a few things that you can do to protect yourself:
-Do not sign documents or agree to settlements from your employer until you have consulted with an employment lawyer
-Keep copies of all documentation related to your employment, including employment contracts, performance reviews, and letters of termination
How do I Pursue a Case for Wrongful Dismissal?
To pursue a case of wrongful dismissal, you must meet the following criteria:
– You must be dismissed from employment. More accurately, it means that your job contract has expired, and you can no longer work for your employer. If you are redundant instead of fired, this does not constitute dismissal and hence does not allow for wrongful dismissal. However, suppose the employer forced the layoff upon you. In that case, it may be considered constructive dismissal, which would allow for wrongful termination claims by employment lawyers on your behalf.
– The circumstances surrounding employment had to have ended without cause before completing term (depending on whether or not there is an employment agreement between yourself and the employer).
– You must have suffered some form of harm or damages due to the dismissal.
If you meet all of these criteria, it is essential to begin gathering evidence and speaking with an employment lawyer who can help assess your case and advise you on the next steps.
How to Prove Unfair Dismissal
Suppose the employment contract between yourself and your employer had a specific employment term. In that case, there are certain circumstances in which you may be able to bring forth a claim for wrongful dismissal. Nonetheless, it is crucial to mention that if you have been dismissed from employment, this does not automatically mean that you can legally pursue damages or compensation as per an employment law claim by employment lawyers on your behalf.
For example, if an employment contract has ended before its specified term but with reasonable notice provided by the employer, it would not constitute wrongful dismissal. Similarly, while being fired without cause is illegal under most circumstances in Canada, it will only hold up as wrongful termination claims by employment lawyers if the employee can prove that they suffered some form of harm or damages as a result.
In some cases, lawyers may negotiate a settlement outside of court. However, if the dismissal was without cause or other factors were involved, pursuing a lawsuit in court may be necessary. To establish a case of wrongful termination, the discharged employee must generally demonstrate that the employer’s stated cause for the discharge was false and that the ending was illegal. The illegal reason is usually:
- retaliation,
- discrimination,
- a breach of contract,
- pregnancy
- maternity or paternity leave
- trade union representative
- disabled
- over the age of 65
- violation of public policy.
Mind you; these are examples of what constitutes wrongful dismissal. But, circumstances in individual cases can benefit the lawsuit, which is why speaking to an expert is a wise decision. If you are fortunate to prove that you are wrongfully dismissed, there are several damages that you may be able to recover. It means you are entitled to compensation including lost wages and benefits, damage to your reputation, pain and suffering, and other related expenses.
What are the Consequences of Wrongful Dismissal?
Both sides can have severe consequences if a wrongful dismissal lawsuit goes to court. For employees, the results can include not finding another job due to a black mark on their employment record. They may also have to pay legal costs associated with the case. For employers, the consequences can include paying out significant damages to the employee and legal expenses.
The employment tribunal is likely to find it was automatically unfair if you were dismissed because your contract has come to an end either through expiry or redundancy – but only if it amounts to less than one month’s employment.
Below you’ll find three of the most common myths about wrongful dismissal:
Myth #1: I was fired, so it must be a wrongful dismissal.
Fact: Just because you were fired doesn’t mean you have been wrongfully dismissed. There are many reasons why employers can terminate an employee from their job, and not all of them constitute wrongful dismissal.
Myth #2: If my employment is terminated without notice or pay, it’s automatically considered a wrongful dismissal.
Fact: This isn’t always the case – there are several factors that employment tribunals will consider while determining whether or not a dismissal was unlawful.
Myth #3: I don’t need a lawyer to file a claim for wrongful dismissal.
Fact: That is true, but the lawyer can resolve all the intricacies surrounding your case more efficiently.
Conclusion
When it comes to employment law, wrongful dismissal is one of the most common claims. If you have been dismissed from your job and believe that you have a case for wrongful dismissal, it is crucial to seek legal advice as soon as possible. An employment lawyer can help you determine whether or not you have a valid claim and will meticulously guide you through the lawsuit filing process.
