Wrongful dismissal is a legal term that describes the termination of an employee through breaching at least one of the employment contract terms. Other terms used to describe the same include illegal dismissal, illegal discharge, wrongful firing, wrongful termination and illegal termination. Fortunately, there’s a law in place that helps protect employees against a wrongful discharge. There are numerous illegal reasons for dismissal, but the common ones include retaliation, whistleblowing, taking FMLA time, sustaining an injury at the workplace and discrimination of age, gender, religion, disability, race, etc.
If you have been wrongfully dismissed from your position, it is advisable to seek the assistance of an experienced law professional. In the next section, we are going to look at the steps that you should take right after a wrongful termination.
Proving wrongful discharge can be a time-consuming process, but there are a few things you can do to help the process.
The first is to document everything you can regarding the termination including the place, time, conversation specifics and so on. You should ideally include related information. Have a timeline of how the events transpired up to your dismissal. It is essential that you provide as many details and dates as possible.
Next, you should review the contract that you signed upon employment. Check for preciseness in regards to your specific situation. This is a very crucial step when the dismissal seems to be random. You might be eligible for severance pay and other benefits. You should ideally go through the employee guide or handbook for information regarding your rights as an employee.
Next, you should file a complaint with the government agency that investigates labor law violation in your area. Ideally, you should immediately seek the services of a reputable firm as soon as possible. Hiring an attorney is essential when you feel that you are a victim of unjust termination. You require the expertise of an attorney who handles labor law disputes in order to deal with such a case properly.
The steps above are not only vital but have to be performed in a timely manner. Beside the time limitation in place for filing a lawsuit in this field, the longer you wait, the weaker the case appears to be to the mediator or judge.
Other Important Considerations
It’s not uncommon for co-workers to be unwilling to hesitate to be actively involved in a wrongful dismissal lawsuit as they fear to cause problems for themselves. So keep that in mind.
Proving your dismissal is the result of an illegal condition is not usually easy. These kinds of cases can be lengthy and time-consuming, especially if a settlement isn’t negotiated. Since most if not all employment is defined as at ‘will’, proving that your dismissal was due to an illegal condition and not due to the superficial reason you have given is usually hard. Also, most employers aren’t required to give a reason for termination and this makes the case even more overwhelming.
An attorney with experience in labor laws can advise and help you in making a strong unjust termination lawsuit. More often than not, a private lawsuit is the only way to resolve such cases where the employer violates the company policy or federal laws.
If you have lost your job due to the reasons mentioned in this post, consider discussing your case with OLS Quebec today.
This post is also available in: French