How to Get Compensation for Wrongful Dismissal

Cases of people filing for a wrongful dismissal claim has been increasing rapid. And I genuinely feel this awareness that you literally CAN file a claim for an unjustified termination from your workplace was much needed!

As you might already know, wrongful dismissal occurs when an employee is terminated without just cause and without adequate notice or compensation in lieu of notice.

In Canada, employment standards legislation and common law provide protections to ensure employees are treated fairly during termination.

However, many employees are unaware of their rights or are pressured to accept unfair severance packages. Seeking guidance from a reputable Toronto wrongful dismissal lawyer can help you understand if your termination was legally unjust and what compensation you may be entitled to.

What Is A Wrongful Dismissal Claim?

A wrongful dismissal claim exists when an employee’s contract of employment is terminated by the employer in a way that breaches the terms of the contract or the employment laws.

This is most often the case when the employer has terminated the employee without giving the required notice or valid reasons, hence committing a breach of contract.

In short, it is a claim for a breach of the contract in relation to the job termination.

Some of the main points of a wrongful dismissal claim are:

• Contractual Violation: The focus of a wrongful dismissal claim is that the employer did not perform their duties to the employee during termination as per the contract.
• Notification Obligations: It typically refers to the absence of giving the notification that the employment contract or the legislation requires.
• Compensation: An employee can request to be financially indemnified for the damage caused by the breach, such as they can include lost salary, benefits, and other entitlements that they would have obtained if the contract had been unwound correctly.
• Service Period Not Required: Since a wrongful dismissal claim is generally an employment claim, there is usually no minimum length of service required to make such a claim.
• No Necessity for Procedural Fairness: The fair treatment of the reason for the dismissal is not a matter in wrongful dismissal claims. The attention is only on whether the termination violated the contract or the law.
• Time Limits: It is time carrying with it a forced limitation that exists for making a claim of wrongful dismissal, for instance, a period of three months from the termination date.

How Can You File A Wrongful Dismissal Claim?

Now that you know what a wrongful dismissal claim is all about, let me tell you exactly how you can get the compensation that you deserve!

Here are the things that you need to keep in mind when you are filing a wrongful dismissal claim:

Know Your Rights Under the Law

Employers are bound by law to give affected employees reasonable notice or pay instead of notice in case their employment is terminated without cause.

The Employment Standards Act (ESA) provides the minimum entitlements. However, in many cases, common law gives employees the rights to substantially more.

If your age, service period, position, and the availability of similar jobs are taken into account, they can influence the amount of notice or compensation that is considered reasonable.

In case you have been dismissed without the appropriate notice or severance, then you may be able to file a wrongful dismissal suit.

Document Everything Immediately

If you suspect you’ve been wrongfully dismissed, start by gathering all relevant documents and records. This includes the following things:

• Employment contract.
• Termination letter.
• Pay stubs.
• Benefits information.
• Performance reviews.
• Any written communication related to your dismissal.

Having clear documentation helps support your claim and strengthens your position during negotiations or litigation.

Avoid Signing Severance Offers Right Away

Many employers present severance packages that require a quick signature, sometimes within a few days. These offers may include legal jargon that waives your right to pursue further claims.

It’s critical not to sign anything until you’ve had it reviewed by an employment law professional. Even if the package seems generous, it may fall short of what you’re legally entitled to.

Pursue Negotiation First

Wrongful dismissal claims don’t always end up in court. In many cases, your lawyer can negotiate a fair settlement directly with your former employer. This can include the following things:

• Additional severance.
• Compensation for lost benefits.
• Possibly damages for bad faith conduct.

Negotiation is often faster, less stressful, and more cost-effective than litigation. However, it still requires strong legal strategy and a clear understanding of your entitlements.

Litigate When Necessary

In situations where the discussions have failed or the employer is not willing to give fair compensation, you have the option to bring your claim to a court of law.

The judge in a lawsuit for wrongful dismissal may decide to give you an amount of money. This generally corresponds to the income that you have lost, along with other losses.

There is also a possibility that the courts may give you extra money. But does that happen all the time? Well, no! This might happen if, let’s say, the employer behaved in a disgusting way or if you were treated in a particularly unfair manner.

Lawsuit is still the last resort, but it certainly can be a way of obtaining justice when everything else is not working.

Stay Within the Limitation Period

In the event of a wrongful dismissal, employees have only a certain period of time. And they MUST file a complaint within this time period.

The maximum period is stipulated by the law. Under the Ontario law, it is set for a period of two years from the day of dismissal as the general limitation period.

Only if you act on time will you not lose your legal rights, and the compensation lawyer will be there for you. Quick actions give you a better chance of winning and not losing your legal rights.

Things To Keep In Mind When Choosing A Wrongful Termination Lawyer

If you have in mind a wrongful dismissal lawsuit, then it is of utmost importance to you that your lawyer is the right one. They will be able to handle your case successfully. So, what are the ways of doing that? 

Let me tell you!

One way to find the most suitable wrongful termination lawyer is to give the highest priority to those who are experienced in employment law. And that’s especially if they have dealt with cases similar to yours.

Furthermore, the lawyer you choose, it is better for his/her credentials to show/indicate:

• Good track record.
• Strong skills in negotiating.
• Clear and honest fee arrangement.

Do exhaustive research prior to deciding. You may read client reviews, make consultations, and consult on whether their styles and skills are good for you.

The key to receiving damages after wrongful dismissal is simple. You need you:

• Act fast.
• Know your legal rights.
• Have reliable advice from a lawyer.

No matter whether through negotiation or litigation, chasing the fair severance and damages could be a smooth ride, helping you move forward with a safe financial status and self-assurance.

Read More:

• Defenses to Help Build Your Wrongful Termination Case
• How to Handle Employee Terminations Without Legal Risk
• Understanding Wrongful Death Lawsuits: A Guide For Families