What to Do When You are Wrongfully Dismissed From Employment

Allan Madan, CA
 Aug 21, 2010
Share
2 Comments
Share

What should you do when you’ve just been told you’re terminated, effective today?

You’ve just been wrongfully dismissed from employment, do you call an Employment Lawyer in Mississauga?

Wrongful Termination – 3 Things You Should Do

First, take a deep breath! While being let go from your job is definitely a shocking event, I see clients on a weekly basis that have experienced and are in the same position as you. They invariably end up happy with a substantial settlement and find a new position that is more rewarding. Second, you should gather all of the relevant documents in your possession and make a folder related to your job, things like your updated resume, awards and certificates from work, performance reviews, and in some instances emails praising your work should be retained. Third, call and schedule an appointment with an employment lawyer to review the offer or circumstances of your termination.

Wrongfully Dismissed – Employment Lawyer Mississauga Helps

In this case, the old adage, you get what you pay for usually holds true.

An employment lawyer in Mississauga will be able to review the circumstances of your termination, the terms of your written employment agreement, the offer of pay in lieu of reasonable notice (or the “termination package” as some refer to it) and give you guidance on what is reasonable in your particular case. There are many factors that are considered when determining what you should expect to receive as “pay in lieu of reasonable notice” and the factors and how they apply to a recently terminated employee’s case are specific to each individual employee and employer. Where the settlement being proposed by the employer is well below the accepted range for your particular case, you may decide that litigation is worth the risk.

This was the case with a client that I will call Bill, who came to me (Employment Lawyer in Mississauga) after a mass termination at a large corporation. Almost all of his co-workers had accepted a “package” as they were told by individuals in the human resources department that the employer policy provided for a maximum of 52 weeks’ pay, regardless of the time that an employee had worked for that employer. Several of the terminated employees were told the same thing by their own lawyers. I looked at the “policy” and determined that it was vague and that Bill was entitled to at least 70 weeks’ pay upon termination as he had worked for the employer for over 22 years. After a month of negotiations, Bill decided to sue. After mediation, he obtained much more than the 52 weeks initially offered. The lesson learned for employees is that sometimes it pays to sue when being bullied by a large employer. For the employer, it pays to ensure that your contracts and policies are clear and concise to avoid litigation and hidden liabilities.

Employment Lawyer Mississauga – Nicholas Bader

Nicholas C. Bader (the author of this post) is a Partner at Campbell Lawyers LLP and acts for both employees and employers in all areas of employment and privacy law. Nicholas Bader, Employment Lawyer in Mississauga, can be reached at (905) 828-2247 and ncb@campbelllawyers.net.

Disclaimer

The information provided on this page is intended to provide general information. The information does not take into account your personal situation and is not intended to be used without consultation from accounting and financial professionals. Allan Madan and Madan Chartered Accountant will not be held liable for any problems that arise from the usage of the information provided on this page.

Related Resources

Leave Your Comment Here:
Required fields are marked.

Your email address will not be published. Required fields are marked *

twelve − 6 =

Comments 2

Pin It on Pinterest

Share This