Wrongful Dismissal Claims: Fighting for Your Rights
We may not be able to get you your job back but we can certainly help secure you a substantial payment that will compensate you for the months out of work and the money you would have earned were it not for wrongful dismissal.
Claim Accident Services is here to offer specialist consultancy in Wrongful Dismissal cases. Our dedicated attorneys have a wealth of experience in practicing and in negotiating Wrongful Dismissal claims.
Let’s start by explaining why you would need a lawyer to claim Wrongful Dismissal settlement. Claim Accident Services will begin by performing an assessment of your claim for damages. Some of the factors we, and later the court will take into account include:
- The notice period given of the termination of employment, if any was given
- The reasonable expectancy of continued employment
- Any severance payment made, if any was offered
- Loss of bonuses or performance incentive payments
- Impact on future earnings
While there is a broad definition for Wrongful Dismissal it is generally the case that a Wrongful Dismissal will depend to some extent on the Employment Standards Act 2000 which provides for damages for wrongful dismissal where any of the following have occurred;
- Wrongful dismissal following on from or immediately prior to taking maternity or paternal leave
- Bringing matters pertaining to the law and concerning your employer to the attention of the authorities
- Wrongful dismissal following an inquiry about employment rights under the law to the employer
- Wrongful dismissal directly after communicating with an employments rights office
As a general rule under Canadian state law employees are entitled to at least one week of notice per year worked; this is generally set to a maximum of eight years, roughly two months severance pay. This level of severance pay will usually depend on the following factors:
- The length of time that the employee spent with the employer;
- The nature of the employment
- Reasonable expectancy of continued work elsewhere if notice is given of termination
It is crucial that your legal team understands how these factors come into play and how best to present them to a court or to opposing counsel where settlement out of court is a possibility. Here at Claim Accident Services we have the unique ability to shape these factors to your advantage, securing you the generous cash settlement you may have not thought possible.