Wrongful Dismissal Windsor - If you were suddenly demoted or let go from your job, you may be able to sue your employer for wrongful dismissal. Our firm's wrongful dismissal lawyers can advise you about the best course of action so as to protect your interests.
If you are an employer considering about dismissing someone, it is recommended that you obtain advice of our lawyers. We can assist you to understand your options and avoid a possible lawsuit.
We assist both employers seeking to terminate an employee, and employees seeking damages for a wrongful dismissal. In whichever circumstance, we can help you so as to understand and protect your rights.
The real question is how much may you be able to recover from a wrongful dismissal? Typically the compensation would include the lost salary and benefits during the notice period, minus the severance pay or notice you might have received. You are expected to search for a new job right after whatever employment dismissal and your efforts within this regard would be taken into consideration by the courts. If you earn cash through the reasonable notice period, that amount will be deducted from whatever judgment for damages.
For example, if you just received six weeks of notice before being terminated, and you were allowed to a reasonable notice period of six months, a court will probably calculate the damages to consist of six months' worth of salary and benefits. The courts often award damages for moving expenses, bonuses, vacation pay, moving expenses as well as medical, insurance and pension plans.
You might be able to claim that you have been constructively dismissed and take legal action for wrongful dismissal, if in your case you status or duties are basically changed. Constructive dismissal handles matters of job loss without getting fired or dismissed. It works this way: you were sales vice president, but presently you are "special projects manager" in a closet near the mailroom. Employers can try this particular tactic so as to prevent a court case, but you can still go to court if your employer breaches any major terms of the employment relationship.
Based on all the circumstances of the employment relationship, it is actually up to the court to determine whether a fundamental breach or change has occurred. Like for example, there is no constructive dismissal if you were given reasonable notice that there will be a change to your status or job. If you think a breach has occurred, you must instantly communicate to your employer that the change is not acceptable and attempt to negotiate a solution. Only then, if the matter is not solved, can you quit and begin a wrongful dismissal action against your employer. The court will take into consideration the circumstances surrounding the resignation when it considers damages. However, if you continue to work under the new conditions, the courts would consider you to have accepted the new employment arrangement.
Changes within your employment that may constitute as constructive dismissal will include: change in job responsibility, demotion, withholding pay; forced leave of absence, hiring a replacement, abusive treatment; forced transfer, reduced hours, short-term lay off.
In certain circumstances, the courts could compensate a terminated worker for damages related to such things as an employer's extreme behaviour resulting in mental distress, consisting of loss of reputation, defamation, and even assault. You may be compensated if you left a previous employer at the insistence of the employer who dismissed you.
The courts can award damages based on numerous different factors that will eventually depend upon the particulars of each case. Please contact our office and we can receive a consultation to know what your rights are. We will look at all factors of your complaint and determine if you have a constructive dismissal case.
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