Wrongful Dismissal Lawyers Provide References From Past Clients
The loss of a job can cause disruption in one’s life, including significant financial upheaval and uncertainty. It can also cause emotional distress, anxiety and other problems. When these issues are compounded by the fact that the termination was either improper or wrongful, it is important to have a Toronto wrongful dismissal lawyer assess the situation to determine whether a lawsuit against the employer is necessary. It is often possible to recover damages in the form of severance pay and/or other compensation for the wrongfully dismissed employee.
It is a common misconception that an employer MUST give the employee the reason for their termination; however, this is not correct. An employer is not required to provide the reasons for termination if they have given the employee sufficient notice of the intended termination or pay in lieu thereof.
Generally speaking, an employee must receive at least the minimum amount of notice specified in the Employment Standards Act in order to bring a wrongful termination claim. The actual amount of notice an employee is entitled to will depend on several factors, including the nature of their work, the length of time they have worked for the employer, and the availability of similar work in their industry (i.e., the “character of employment” factors). In addition, the court will consider other circumstances, such as whether the employee was rehired after the termination or if the dismissal was in retaliation for bringing a wrongful dismissal toronto action.
Can Wrongful Dismissal Lawyers Provide References From Past Clients?
Many employees are not aware that they can sue their former employers for wrongful termination in Small Claims Court, or if the damages sought are above the minimums for filing with Superior Court. Most cases that are brought before a Court are settled at the mediation/settlement stage to reduce costs.
Once a case is settled with the former employer the employee will often request that the company provide a positive reference letter. Unfortunately, this is not always possible. The reason is that the company may be obligated to make public any litigation proceedings on the matter, and while there is a low chance that prospective future employers would search for such an online record it is not unheard of for a potential employer to ask about an existing claim for wrongful dismissal.
It is critical that an individual seek legal advice from a wrongful dismissal lawyer to discuss the specific circumstances of their case. A good Toronto wrongful dismissal lawyer can explain the options available to them and can help the individual to choose the option that will be in their best interests. For example, an individual who has suffered a retaliatory termination in reprisal for defending their rights will be less likely to succeed in seeking reinstatement or damages than someone who was simply wrongfully dismissed. In some cases, it is even possible to successfully claim constructive dismissal as a remedy. This is a more complicated matter and should be discussed with a qualified lawyer.