Wrongful Dismissal Regina - If you were abruptly let go or demoted from your job, you might be able to sue your employer for wrongful dismissal. Our company's wrongful dismissal lawyers can advise you on the best course of action to protect your interests.
If you are an employer considering about firing someone, it is recommended that you acquire advice of our lawyers. We can help you to understand your alternatives and prevent a possible lawsuit.
We can help both an employee seeking damages for wrongful dismissal and the employer who is seeking to let go an employee. In whatever circumstance, we can help you so as to protect and know your rights.
The real question is how much might you be able to get from a wrongful dismissal? Usually the compensation would cover the lost benefits and salary throughout the notice period, less the severance pay or notice you may have received. You are expected to search for a new job after any employment dismissal and your efforts within this regard will be taken into account by the courts. If you earn cash throughout the reasonable notice period, that amount would be deducted from whichever judgment for damages.
Like for instance, if you just got six weeks of notice previous to being fired, and you were entitled to a reasonable notice period of six months, a court would possibly calculate the damages to include six months' worth of benefits and salary. The courts normally award damages for stock option, moving expenses, bonuses, vacation pay in addition to insurance, pension and medical plans.
If your duties or status are essentially changed, you can claim that you've been constructively dismissed and go to court for wrongful dismissal. Constructive dismissal means getting fired without actually getting dismissed. It works this way: you were vice president of sales, but currently you are "special projects manager" in a closet near the mailroom. Employers can try this particular tactic so as to avoid a court case, but you can still go to court if your employer breaches whatever major conditions of the employment relationship.
Based on all the circumstances of the employment relationship, it is really up to the court to decide whether a fundamental breach or change has happened. For example, there is no constructive dismissal if you were given reasonable notice that there would be a change to your job or status. If you think a breach has occurred, you must immediately communicate to your employer that the change is not acceptable and attempt to negotiate a solution. Only then, if the problem is not solved, can you resign and initiate a wrongful dismissal action versus your employer. The court will consider the circumstances surrounding the resignation when it considers damages. Then again, if you continue to work under the new conditions, the courts would consider you to have accepted the new employment arrangement.
The following changes in the employment relationship, which could qualify as constructive dismissal, are the following: demotion; withholding pay; change in job responsibilities; abusive treatment, forced leave of absence, hiring a replacement; short-term lay off, forced transfer, reduced hours.
In certain circumstances, the courts could compensate a terminated employee for damages related to such things as an employer's extreme behaviour resulting in mental distress, comprising defamation, assault and even loss of reputation. You could be compensated if you left a prior employer at the insistence of the employer who dismissed you.
The courts can award damages based on numerous various aspects which will ultimately depend upon the details of each case. Please get into contact with our office and we can receive a consultation to know what your rights are. We will look at all factors of your complaint and determine if you have a constructive dismissal case.
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