How A Wrongful Dismissal Case Works In Canada

Wrongful dismissal happens when an employee is let go from their job without just cause. The situation could be challenging, especially if you have bills to pay and mouths to feed. If you have been recently terminated and believe that you were wrongfully dismissed, it is important to understand how it works. This write-up teaches you the steps involved in a wrongful dismissal case and the common legal terms.

First Consultation With an Employment Lawyer

Often, an employee's first consultation with an employment lawyer is because they have been wrongfully dismissed. As stated above, wrongful dismissal occurs when an employer terminates your contract without cause or without following the proper termination procedure. If you have been wrongfully dismissed, you may be entitled to severance pay, reinstatement, or damages. So call a Toronto employment lawyer to help you determine your next steps.

Writing a Demand Letter to the Employer

If you've been wrongfully dismissed from your job, you may be considering writing a demand letter to your employer. This can be an effective way to get the compensation and reinstatement you deserve. Here are a few things to keep in mind when drafting your letter:

• Be clear and concise. State the facts of your case plainly and without emotion.
• Be professional in your tone. Do not be confrontational or aggressive. Stick to the facts and let your employer know what you expect in compensation and reinstatement.
• Ensure you have all the facts straight. Review your employment contract and any relevant documentation, and speak to witnesses if necessary.
• Seek legal counsel. Your lawyer can help you draft an effective demand letter and represent you in court, especially if you plan to take further action, such as filing a lawsuit.

Filing a Lawsuit

If your employer doesn't respond favourably to your demand letter, or if they refuse to negotiate in good faith, you could take further legal action. This usually means filing a lawsuit against your employer. Lawsuits can be expensive and time-consuming, so it's important to be sure you have a strong case before proceeding. You should also be aware that there are deadlines for filing a lawsuit, so it's important to act quickly if you think you've been wrongfully dismissed.

Mediation

In some cases, it may be possible to resolve your wrongful dismissal case without going to court. This is usually done through mediation when both parties meet with a neutral third party to reach an agreement. Mediation can be a cost-effective and time-saving way to resolve your case, but it's important to hire an experienced lawyer to protect your interests.

Exchange of Evidence

To win a wrongful dismissal case, parties must provide all relevant evidence. This usually means that there isn’t much in terms of material for these cases because most don't involve any actual physical confrontation between employee and employer, nor do they contain anything explicitly related to why someone was let go from their job. You'll only see books filled with workplace policies and contracts and some information on how difficult it might be, if not impossible, to find new employment once dismissed without being monetarily penalized by a non-compete clause.

Civil Practice Court

Summary judgment is an excellent way to resolve cases involving wrongful termination because it only requires the judge's signature on one document. The motion occurs when parties agree that there isn't enough information to present their case at trial. Instead, they ask for negotiations between themselves and find out what outcome would be most beneficial without having either side lose too much dignity in defeat.

Motion for Summary Judgment

The parties prepare for the summary judgment motion and have to send their opposing sides' materials, including a written legal argument with evidence that will back up their claims. At this point, it can be very expensive, so settlements often happen at both pre-motion preparation stages where there is still hope of winning but realize you're going against someone who may also already know they are defeated because sometimes employers try settling so that they receive better terms than what would come out after judgement by simply ordering them to do whatever necessary.

Trial

When an employee goes to trial, they are in the 1% of wrongful dismissal matters that settle before a formal hearing. The parties spend months preparing for it and then finally attend court, which could take days or weeks off work due to witness fees.

The most important thing for employees to remember is that they have rights, and there are ways of handling wrongful dismissal. The process can be long and frustrating, but if you believe you've been wrongfully terminated, it's important to seek legal counsel as soon as possible to get started on the road to recovery.