The Necessity Of A Wrongful Dismissal Lawyer Cambridge Ontario

By Laura Robinson


What is wrongful dismissal? Well, a wrongful (also known as unjust) dismissal entails two things. The term can be defined in two simple questions; did the employer dismiss you fairly? Did they compensate you adequately when they laid you off? In many states, provincial and federal laws generally work in favor of employees regarding job terminations. This article delves into the vital subject, including the need for a Wrongful dismissal lawyer Cambridge Ontario in providing the help.

When you are dismissed by your employer, the individual or company must also ease the financial burden occasioned by your job loss. Even the law recognizes the hard time one faces as a result of a sudden loss of employment. The impact is not only on the dismissed individual but also on the society at large. Therefore, the employment Act sets out the specific rules and regulations that your employer must adhere to when firing you.

Retaliation: The law does not allow an employer to fire an employee, because of an investigation for discrimination. Civil rights law protects the employee from employer's retaliation. Also, If your employer asks you to participate in the illegal act, you have the rights to refuse to do so. Employee's Refusal to Commit an Illegal Act protects you from being fired. It is always a good idea to obey the laws. So you will not have to go to jail.

Besides, if an employer has made a policy guideline, they must follow it. You can sue for wrongful termination if you have been fired without following the policy. One of most common breach happens when employee fires without notice. The employer is required to give you notice before they can let you go. The exception to this rule is when it is stated in the contract, or you are still in the probation period. Usually, the employer is required to give at least three months' notice.

Another instance when unjust lay off attorney may help you is in a constructive dismissal. This is the type where the employment makes things really hard for you; including harsh work environment. An example includes harassments or discrimination by the employer. As an employee, you are entitled to a free and conducive work place that is devoid of harassments and discrimination. Such a severe violation includes the break of a Human Rights Code.

Constructive dismissals are also worth engaging a lawyer. In this type of lay-off, an employment relationship simply goes sour. In such scenarios, though your employer doesn't dismiss you, the work conditions become so intolerable, prompting you to resign reluctantly. For instance, this may include unreasonable work load, work place bullying, harassment, and a toxic work environment. Besides, employers can also develop situations that elicit a constructive dismissal through initiating unilateral alterations to your terms of employment or compensation package.

Therefore, to determine whether or not to sue for your legal rights, the following questions are critical; did the company express just cause for firing you? How valid is the termination clause under your employment contract? Does the unjust manner in which you were dismissed have an impact on the damages that you may be entitled? And what are entitled to regarding the notice of pay in lieu of notice?

However, whatever type of your lay-off, a credible attorney can serve you right. Opt for an experienced professional lawyer who can attend to all your questions and represent you accordingly. The individual will see to it that you receive the optimum compensation that you are entitled to.




About the Author: