wrongful dismissal cases
Wrongful dismissal can be the result of any number of reasons that do not have to do with an employee’s performance. It can be the result of corporate restructuring, cost cutting measures or even just a decision by an employer to stop a business. However, these decisions don’t absolve an employer of their obligation to provide the terminated employee with severance pay or notice.
Depending on the circumstances and the reason for termination, it may also be possible to claim damages for unfair dismissal, discrimination or retaliation. It is important to consult with a wrongful termination lawyer early on to determine whether or not you have a valid case and the best way to proceed.
In general, the size of a company will not affect how a wrongful dismissal case is resolved. The main issue is whether or not the employer has provided the dismissed employee with their entitlements under provincial law. In many cases, this includes severance pay. Severance is typically a package that includes all of an employee’s regular compensation, such as base salary/wages, commissions, benefits and pension plan payments. In some cases, the employer tries to avoid paying the employee their full severance package by claiming they have cause to terminate on the spot.
How does the size of the company affect wrongful dismissal cases?
When a wrongful termination lawsuit is filed, the plaintiff must prove that they were wrongfully fired. In some cases, this can be difficult to do since most Canadians are “at-will” employees and employment decisions are given a lot of deference by courts. However, it is important to gather as much documentation as possible in order to combat any allegations that are made by an employer.
Evidence can include documentation such as the hiring and firing policies, performance reviews, any documented instances of harassment, inappropriate comments or negative actions. In addition to this, it is crucial for the individual to keep a record of all efforts they took to mitigate their losses after their termination. For example, if they return to school or start up their own business and earn less income, it has been established that this is considered reasonable mitigation of damages in wrongful dismissal toronto.
Other evidence may include a witness statement that outlines why they believe the employer’s reasoning for terminating them is faulty. This is important, especially if the employer tried to inflate or exaggerate minor forms of misconduct to justify a termination without cause.
Finally, there is some evidence that the subjective opinion of a judge plays a role in the amount of severance compensation awarded. One standard deviation increase in the pro-worker judge bias reduces firm survival and employment growth by 3 and 1 percentage point respectively over a three year period.
Wrongful termination cases can be costly and lengthy, but the rewards are often worth it for individuals who worked hard for years with a company and were then mistreated. If you have been wrongfully terminated, contact Monkhouse Law to learn more about your options for pursuing fair compensation.