wrongful dismissal claims be settled out of court
Wrongful termination is an extremely distressing experience for any employee. It can impact their professional and personal life and make it difficult to find new employment. This is particularly true if they were fired without cause, or if the employer gave them the incorrect amount of severance pay. In these cases, it is a good idea to consult with a Toronto wrongful dismissal lawyer who can help determine if there was a wrongful firing and guide the client through the process of filing a claim or lawsuit.
In order to make a wrongful dismissal claim, it is necessary for the employee to prove that their employer failed to follow the terms of their contract or the law. This can include breaching the Employment Standards Act (ESA) or Ontario Human Rights Code, and it can also be a case of public policy violation. The latter is most common in industries that are federally regulated, such as airlines, banks and railways, but it can also be claimed by workers in non-federally regulated businesses as well.
A successful wrongful dismissal termination claim will result in the employee being awarded damages for their losses. This includes the loss of their wages, including salary, commissions, bonuses, and overtime, as well as any other contractual entitlements that they were entitled to receive during their notice period. The courts will look at the circumstances of the case to determine if aggravated or punitive damages should be awarded. These damages are intended to provide retribution, deter the employer from engaging in such behaviour in the future and demonstrate society’s collective disapproval of what occurred.
Can wrongful dismissal claims be settled out of court?
The courts will also look at the employer’s conduct during and after the termination to determine if moral damages should be awarded. These damages, also known as Wallace Damages, are intended to reflect the heinous nature of the conduct, to demonstrate that the community is not accepting of it, and to encourage other employers to take steps to prevent this type of abuse in the workplace.
When it comes to unjust dismissal, it is important for the employee to seek legal advice immediately after they are fired. An experienced wrongful dismissal lawyer can provide them with the information and assistance they need to file a lawsuit and secure fair compensation.
Even if an employer has valid grounds for firing an employee, it is still illegal if those reasons are based on protected classes such as race, gender, age, national origin, or religion, and if the firing was done because of whistleblowing or reporting violations of public policy. These situations are examples of a wrongful firing and can lead to a successful claim for damages. Depending on the circumstances, these damages can be quite substantial. The team of wrongful dismissal lawyers at Samfiru Tumarkin LLP have helped countless clients in this area and would be happy to review your situation and recommend the best course of action. Contact us today to set up a free consultation.
