Legal

7 Cases Where You Need to File a Wrongful Dismissal Lawsuit

Wrongful dismissal is a legal term for being released or treated unfairly by an employer. A wrongful dismissal could occur in a number of situations and while employers have the right to terminate employment, they do have to follow the law. Here are seven scenarios that you should consider when thinking about filing a wrongful dismissal lawsuit.

1. Fired or just let go

If you lost your job, do you feel that you were fired or just let go by your employer? Were there performance issues and were they brought to your attention in a timely manner? Did they provide you with a reason for the termination?

2. Inadequate notice

Did you receive the statutory notice provided for under the employment standards act in your area? Or did you simply get told that you were being dismissed and to pack up your stuff and leave? Did they provide you with a cash payment in lieu of this notice?

3. Not enough severance

Did your former employer provide you with the severance pay to which you were entitled based on your age and years of service to the company? Did you have an employment contract that laid out specific benefits?

4. No just cause

Do you feel that you were fired for ‘just cause’ or without cause? That makes a difference in terns of how you may be able to challenge termination or the benefits you may be entitled to later.

5. Harassment

Were you harassed in any way, physically, emotionally or sexually at your previous place of employment? If yes, or you feel that you were harassed, you may have the basis for a human rights case or complaint. In Canada, workplace harassment is against the law and is subject to rigorous enforcement by governments at all levels

6. References

Will your previous employer provide you with references to assist you in finding new employment? If not, that might be something that you can request when you consider filing a complaint or lawsuit.

7. Suing for damages

You may be entitled to sue for damages from your previous employer based on the violation of your rights as an employee. This might include re-instatement to your position or cash payments to cover the full payment of your separation and severance entitlements. There might also be damages for additional costs and harm to your employment prospects or reputation.

 

 

 

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