Wednesday, August 17, 2011

FAMED TORONTO WRONGFULL DIEMISSAL LA, CRIMINAL ADD DICORCE LAWYER MA BE ABLE TO CURE YOU OF GLAUCOMA AND LEGAL PROBLEMS TOO

Wrongful Dismissal-Employment Law

You were suddenly let go or demoted from your job. You struggle to seek gainful employment to support your family and maintain your standard of living. Your savings are gone. Bills come in faster than you can get the money to pay them. Do you have a case against your employer?

Perhaps you are an employer. You're thinking about firing someone, but don't want a lawsuit on your hands. What should you watch out for? What are your options? What should you do next?

Contact a Toronto Wrongful Dismissal Lawyer today at 1-416-222-8509 or
1-800-557-0678 toll free to schedule a free initial consultation with Irving Solnik.

Irving Solnik and the wrongful dismissal lawyers in Toronto at the law offices of Irving Solnik Professional Corporation are ready to help you answer these questions and advise you on the best course of action to take for your situation.

Whether you are an employer seeking to terminate an employee or an employee seeking retribution against a wrongful dismissal, Irving Solnik, a Toronto lawyer is here to make sure that you not only know your rights, but to ensure that those rights are protected.

Damages for Wrongful Dismissal

So, is it worth it to sue for wrongful dismissal? How much can you recover?

A court will compensate you for salary and benefits proved to have been lost during the reasonable notice period, minus any severance pay or notice you actually received.

Be aware that you have a duty to seek new employment after any employment dismissal and the courts will consider your efforts to do so. Any money you earned or should have been earned during the reasonable notice period will also be deducted from any judgment for damages.

For instance, if you are entitled to a reasonable notice period of eight months and only received eight weeks of notice before being terminated and you could have earned money at a new job during that reasonable notice period, a court would most likely calculate the damages to include eight months' salary and benefits. Benefits that the courts have awarded damages for include:

  • Bonuses
  • Stock options
  • Pension, insurance, medical plans
  • Moving expenses
  • Vacation pay
  • Other benefits which would have been earned if employment had continued.

Aside from compensating for lost salary and benefits during the reasonable notice period, courts may, in limited circumstances, compensate a terminated employee for an employer's extreme behaviour. Extreme behaviour includes causing mental distress, defamation or loss of reputation and assault, to name a few. As well, employees may be compensated for leaving a previous employer at the insistence of the employer who dismissed them.

Constructive Dismissal: Getting Fired without Getting Fired

In business jargon, it's called, "Going to Siberia." You still work for the same company, but instead of being vice president of finance you're now the "special projects manager." Your corner office has been replaced by a cubicle next to the mailroom. "If they'd fired me," you fume, "at least I could have sued." Well, maybe you still can.

If your employer fundamentally breaches or changes any major term of the employment relationship, such as duties or status, you could claim that you've been constructively dismissed. In other words, you were, in effect, fired. You could then sue for wrongful dismissal.

A court will consider all of the circumstances of the employment relationship to decide whether a fundamental breach or change has occurred.

If, for example, your employer gave you reasonable notice that a change would occur, there is no constructive dismissal.

If a breach has occurred, you must communicate that you do not accept the change and try to negotiate a solution. If the problem cannot be resolved, you can resign and start an action for wrongful dismissal. The court will examine the facts surrounding the resignation when it awards damages.

If, instead, you continue to work under the new conditions, after a reasonable amount of time, the new conditions are considered accepted and become part of the employment agreement.

These are some changes which may qualify as constructive dismissal:

  • Hiring a replacement
  • Demotion
  • Withholding pay
  • Change in job responsibilities
  • Abusive treatment
  • Fewer hours
  • Short-term lay off
  • Forced leave of absence
  • Not allowing employee to work
  • Forced transfer

The damages that would be awarded by a court depend on a variety of factors and cannot be estimated here unless all factors are known and taken into account.

At the law offices of Irving Solnik Professional Corporation, Irving Solnik will sit down with you and help you determine if you, in fact, have a case for constructive dismissal. Contact our Toronto lawyers today at (416) 222-8509 or toll free at (800) 557-0678 to start fighting for your rights as an employee.

or please use this form to send details of the legal matter or problem, questions, comments, and feedback.

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