Sep 22, 2016
Wrongful dismissal occurs when you’re fired from a job without “cause.” Cause is considered when you were not given the proper amount of time as notice or payment in place of notice, or if notice time or paid amount are not in the amount you’re rightfully owed. If this has occurred to you, you do have legal rights and you have options.
Your three primary options in a wrongful dismissal situation are to negotiate a settlement with your former employer, sue your former employer or go to mediation or arbitration with your former employer. In all three options, it is best to be represented by a lawyer familiar with wrongful dismissal cases and employment law in Ontario.
This should be the first option you try, as it avoids the costs of a court case or mediation, and also saves time. It may be in your former employer’s best interest to simply correct their mistake of not providing notice or payment when dismissing you.
An employment lawyer can send a letter on your behalf to your former employer that includes a requested amount of money. Typically this is the first step in a negotiation, but some employers may adhere to this request immediately rather than risk going to court.
If the employer is not open to a negotiation, you may choose to take them to court for wrongful dismissal. At any time during a wrongful termination case, you may reach a settlement. An employment lawyer will represent your interests during the case and the settlement negotiations.
If no settlement is reached, you can ask for the compensation you believe you are due, as well as special compensation if you suffered personally from the way you were dismissed. Finally, you may also ask for “punitive damages” if you were fired in a malicious way or in a way that causes you personal embarrassment or harm.
In some wrongful termination cases, the judge will refer your case to mediation or arbitration. Mediation or arbitration involves you (and your employment lawyer) attempting to resolve your dispute with your former employers with the aid of a neutral third party, the arbitrator or mediator. These proceedings offer more flexibility and are less formal than a court case before a judge.
If you believe you’ve been wrongfully dismissed, you have options. Contact one of the experienced employment lawyers at Chown Cairns for help today. Fill out the form below to set up your first consultation and start getting the compensation that is due to you.