Wrongful dismissal is a term used to describe termination in employment without cause or even a statutory warning/period of severance. Employment law within Canada gives certain securities to employees in terms of their termination to make sure that it is both a just and lawful one. However, the nuances of a wrongful termination claim can be far beyond the knowledge of a regular employee. This is where a Toronto employment lawyer can help considerably. A consultation with a legal expert will enable employees to understand their rights and the options they may want to explore in the event of an improper termination.
Expert Advice on Employment Contract
The Toronto employment lawyer will be able to help an individual analyze and understand his or her employment contract. More often than not, there are several clauses in a typical employment contract which could have an impact on a person’s rights and entitlements at the time of termination. The attorney would be in a position to advise the employee regarding the intricacies of his or her contract and point out any clauses relating to termination, notice period, and severance package. This way, employees are assured that they will duly receive compensation for the work which they have done and that proper treatment was accorded to them. A lawyer can also advise them how to adjust such a restrictive or unfair contract against the employers in case such is the case.
Determining Legitimacy of Claims
A Toronto employment lawyer can determine whether a wrongful dismissal claim is legitimate or not. They would have the experience to factor in the surrounding circumstances of the termination based on length of service, performance of the employee at work, and any workplace policy that may apply. An in-depth analysis like this helps an employee to make out whether they have a good claim and how strong their claim is. A lawyer will also be able to advise whether a potential claim is worth making – by means of negotiation with the employer – or through court litigation. Having this expert advice can greatly increase the chances of success.
Negotiating Severance Packages
In cases of wrongful termination, an employee may be entitled to severance pay. One of the major ways in which a Toronto employment lawyer can assist their client is in negotiating fair severance packages. When letting employees go from employment, employers often try to limit their financial liability upon termination, which usually means offers less than what the employee is entitled to. An experienced lawyer knows the case law and jurisprudence concerning severance pay and, therefore, will have the right representation for their clients. Thus, a negotiating employee is able to get an increased package to ensure financial stability as they seek other jobs.
Legal Representation
When negotiations between a firm and their employer fail, a Toronto employment lawyer will have the client represented in court. This may also involve filing a claim with a labor board or even litigating in court. To ordinary individuals, the courts are rather intimidating. Having an attorney on one’s side, though, makes it all so much more bearable. The lawyers are adept at handling complex problems around the employment law and hence can go well for representation. Their expertise will go a long way in enhancing the chances of success through settlement or trial.
Emotional Support and Advice
Wrongful termination can be a psychologically traumatic element for an employee. Besides the financial loss of a job, a person may face stress, anxiety, and also feel insecure regarding one’s future. Legal consultation by the Toronto employment lawyer is the needed legal support and emotional confidence which one needs during this most disturbed phase in one’s life. He may have an intention to help the employee by taking him through the process of advice and encouragement as they deliberate over their choice of options, which may help them in their efforts to seek back their rights and look elsewhere for job opportunities.
Most of the advantages can be availed with the hiring of a Toronto employment lawyer, right from expert advice about an employment contract to the able negotiation of a severance package. Employment lawyers who have handled cases of wrongful dismissal will be able to discern the merit of a claim, represent their clients in court litigations, and provide needed emotional support when that is called for. In this regard, seeking legal advice is a positive way an employee can advance their rights and ensure any compensation due them by law in case of an unfair dismissal.
