Wrongful Dismissal Saskatoon - You may be able to sue your employer for wrongful dismissal, if you were abruptly demoted or let go from your job. Our employment lawyers can advise you regarding the next action for you to take to protect your interests.
It is suggested that you obtain help from an experienced lawyer, if you are an employee considering about firing someone. We can assist you to know your alternatives and prevent a probable lawsuit.
We can help both the employer who is seeking to let go an employee, and for an employee seeking damages for a wrongful dismissal. In whatever situation, we can help you to protect and understand your rights.
How much can you get if you prove wrongful dismissal? Compensation typically covers salary and benefits which were lost throughout the reasonable notice period, less whatever notice or severance pay you did receive. You are expected to search for a new job right after whichever employment dismissal and your efforts in this regard would be taken into account by the courts. If you earn cash through the reasonable notice period, that amount will be deducted from whichever judgment for damages.
For example, if you just received six weeks of notice prior to being terminated, and you were allowed to a reasonable notice period of six months, a court would probably calculate the damages to consist of six months' worth of salary and benefits. The courts normally award damages for bonuses, vacation pay, stock options, moving expenses as well as medical, insurance and pension plans.
If your duties or status are fundamentally changed, you can claim that you've been constructively dismissed and go to court for wrongful dismissal. Constructive dismissal means getting fired without actually getting dismissed. It works this way: you were sales vice president, but presently you are "special projects manager" in a closet near the mailroom. Employers might try this tactic to be able to avoid a court case, but you can still go to court if your employer breaches any major conditions of the employment relationship.
Based on all the circumstances of the employment relationship, it is really up to the court to determine whether a fundamental breach or change has happened. 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 taken place, you must instantly communicate to your employer that the change is not acceptable and attempt to negotiate a solution. Just then, if the issue is not resolved, can you quit and start a wrongful dismissal action versus your employer. The court will consider the circumstances surrounding the resignation when it considers damages. Nonetheless, if you continue to work under the new conditions, the courts will consider you to have accepted the new employment arrangement.
The following changes within the employment relationship, that may qualify as constructive dismissal, are the following: withholding pay, change in job responsibility, demotion; abusive treatment, forced leave of absence, hiring a replacement; forced transfer, reduced hours, short-term lay off.
In some circumstances, the courts could compensate a terminated worker for damages related to such things as an employer's extreme behaviour causing mental distress, comprising defamation, assault and even loss of reputation. You could be compensated if you left a prior employer at the insistence of the employer who dismissed you.
The courts can give damages based on many various factors which will eventually depend upon the details of each case. Please call our office and we can receive a consultation to find out what your rights are. We would look at all aspects of your complaint and determine if you have a case for constructive dismissal.
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