Wrongful Dismissal Peterborough - If you were unexpectedly let go or demoted from your work, you might be able to take legal action against your employer for wrongful dismissal. Our company's wrongful dismissal lawyers can advise you about the best course of action in order to protect your interests.
If you are an employer contemplating about firing someone, it is suggested that you obtain suggestion of our lawyers. We can help you to understand your alternatives and avoid a probable lawsuit.
We help both employees seeking to terminate an employee and employees seeking damages for wrongful dismissal. In either circumstance, we can assist you to protect and know your rights.
How much could you recover if you prove wrongful dismissal? Compensation typically covers salary and benefits that 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 after whichever employment dismissal and your efforts within this regard would be taken into account by the courts. If you earn money during the reasonable notice period, that amount will be deducted from whatever judgment for damages.
For example, if you just got six weeks of notice before being dismissed, and you were allowed to a reasonable notice period of six months, a court would probably calculate the damages to consist of six months' worth of salary and benefits. The courts often give damages for bonuses, vacation pay, stock options, moving expenses along with insurance, pension and medical plans.
If your status or duties are basically altered, you might claim that you've been constructively dismissed and take legal action for wrongful dismissal. Constructive dismissal means getting fired without actually getting dismissed. It works this way: you were vice president of sales, but now you are "special projects manager" in a closet next to the mailroom. Employers may try this approach so as to prevent a court case, but you can still go to court if your employer breaches any major terms of the employment relationship.
It is up to the court to determine whether a fundamental change or breach has happened, based on all circumstances of the employment relationship. There is no constructive dismissal if, for example, you were given reasonable notice that the alteration would happen. 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. Just then, if the issue is not resolved, can you quit and begin a wrongful dismissal action versus your employer. The court will take into account the circumstances surrounding the resignation when it considers damages. Nonetheless, if you continue to work under the new conditions, the courts will consider you to have accepted the new employment arrangement.
The following changes in the employment relationship, which could qualify as constructive dismissal, are as follows: change in job responsibility, demotion, withholding pay; abusive treatment, forced leave of absence, hiring a replacement; forced transfer, reduced hours, short-term lay off.
In certain circumstances, the courts can compensate a terminated employee for damages connected to such things like an employer's extreme behaviour leading to mental distress, consisting of defamation, assault and even loss of reputation. You can 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 factors that would eventually depend upon the particulars of every case. Please call our office and we can receive a consultation to know what your rights are. We will look at all factors of your complaint and determine if you have a case for constructive dismissal.
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