Wrongful Dismissal Burnaby - If you were suddenly demoted or let go from your job, you may be able to sue your employer for wrongful dismissal. Our firm's wrongful dismissal lawyers can advise you on the best course of action to be able to protect your interests.
If you are an employer contemplating about dismissing someone, it is suggested that you obtain suggestion of our lawyers. We can help you to know your alternatives and prevent a potential 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 whichever situation, we can assist you to understand and protect your rights.
How much might you receive if you prove wrongful dismissal? Compensation usually includes benefits and salary which were lost through the reasonable notice period, minus whatever notice or severance pay you did receive. You are expected to look for a new job right after whatever employment dismissal and your efforts in this regard would be taken into account by the courts. If you earn cash throughout the reasonable notice period, that amount will be deducted from any judgment for damages.
If you like for instance only got six weeks of notice before termination, and you were really entitled to more notice, then a court can calculate that entitled time into the damages. The courts often give damages for bonuses, vacation pay, stock options, moving expenses along with pension, medical and insurance plans.
If your status or duties are fundamentally changed, you might claim that you've been constructively dismissed and take legal action for wrongful dismissal. Constructive dismissal refers to getting fired without truly getting dismissed. It works like this: you were sales vice president, but presently you are "special projects manager" in a closet near the mailroom. Employers may try this particular tactic in order to prevent a court case, but you can still sue if your employer breaches any major terms of the employment relationship.
Based on all the circumstances of the employment relationship, it is really up to the court to decide whether a fundamental change or breach has happened. Like for example, there is no constructive dismissal if you were given reasonable notice that there will be a change to your job or status. If you think a breach has taken place, you should instantly communicate to your employer that the change is not acceptable and attempt to negotiate a solution. Only then, if the matter is not resolved, can you quit and begin a wrongful dismissal action against your employer. The court would take into consideration the circumstances surrounding the resignation when it considers damages. However, if you continue to work under the new conditions, the courts would consider you to have accepted the new employment arrangement.
Changes within your employment which could constitute as constructive dismissal will include: demotion; withholding pay; change in job responsibilities; forced leave of absence, hiring a replacement, abusive treatment; reduced hours; short-term lay off; forced transfer.
In some circumstances, the courts could compensate a terminated employee for damages associated to such things like an employer's extreme behaviour causing mental distress, comprising assault, loss of reputation and even defamation. You may be compensated if you left a prior employer at the insistence of the employer who dismissed you.
The courts can award damages based on several various aspects that would eventually depend upon the particulars of each and every case. Please call our office and we could receive a consultation to know what your rights are. We will look at all factors of your complaint and determine if you have a constructive dismissal case.
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