Wrongful dismissal is a legal term describing a situation where the employer fires an employee by breaching at least one terms of the employment contract. Fortunately, there’s law in practice that protects against wrongful dismissal.
A wrongful dismissal attorney helps you comprehend your rights provisioned under employment law. After cessation of employment, you should get a lawyer go through the contract and assess whether there have been any violations. Qualified and experienced Quebec lawyers can do a thorough scrutiny of the reason for your termination from employment and give you proper advice.
Here are some of the circumstances that call for a wrongful dismissal attorney.
Discrimination – this is a scenario that’s pretty common when it comes to wrongful termination lawsuits. If your dismissal was due to your sex, age, religion, disability or race, then you can file a lawsuit.
Covenant of Good Faith – employment dismissal where there’s a covenant of good faith raises cause for a wrongful dismissal lawsuit. Covenant of good faith is there so that a worker doing the duties of their work properly, expects to get the agreed-upon benefits without them being taken away in an unfair manner.
Retaliation or Insufficient Cause- There are two scenarios where the termination of an employee is due to exercising their rights. When an employer dismisses the contract of their employee in retaliation for reasonable practice on a worker’s rights, then it’s a wrongful termination case. Varying states have varying laws, but some like serving the military, exercising union rights, whistleblowing, etc, are universal.
Proving a Wrongful Dismissal Case – As with all lawsuits, you need to prove that your dismissal was illegal. Get a writing explanation from your employer and also a copy of all the documents in your file at work. Your lawyer can help get the copies as the law doesn’t require your employer to hand over the copies. With these, it’s possible to create a strong case.
Compensation – Compensation for wrongful dismissal includes back pay, compensatory damages, reinstatement, punitive damages, injunctive relief, etc. An experienced wrongful discharge attorney can help sort out the issues between you and your employer and also get justice if you’ve been terminated wrongfully. Employment attorneys often represent you on a contingency basis, meaning that unless you get the money, they won’t be paid.
Hostile Workplace or Constructive Dismissal – There are situations where the employer has done conduct known as ‘repudiatory breach’ that has forced the worker to resign or the work environment is so bad that the employee no longer felt comfortable working there. In both situations, the employee has resigned because of a hostile work environment and can look for a wrongful dismissal lawyer.
As you can see, there are various ways that an employment lawyer can assist you when wrongfully terminated. However, for the best outcome, it is important to ensure that you hire the best lawyer out there. Experience, trustworthiness and reliability are all important when it comes to such cases. Get in touch OLS Quebec lawyers for this kind of assistance.