Necessity of Wrongful Dismissal Lawyer Toronto

Posted by Monkhouse Law on July 25th, 2017

What is Wrongful Dismissal?

Wrongful dismissal is a legal idiom that refers unreasonable release from employment. There are a lot of reasons why you may be sack wrongfully. If your employer fires you because of your nationality, race, sexual preference, employer’s retaliation or if you disobey your employer for doing something illegal and you fired for that you can do a case of wrongful dismissal. If your employer breaches the company policy you can sue your employer. Then you need a wrongful Dismissal lawyer Toronto. The most common violation of law happens when an employer fires his employee without notice. Employers are bound to give you a notice before they fire you. This rule can be ignored if it is stated in a contract or the employee is in the probation period. But if someone thinks that he has been dismissed wrongfully, he should consult with the Toronto employment lawyers.

What are the factors considered for wrongful dismissal?

Wrongful dismissal can be described in a lot of ways. For example If you have been fired from your job and loss of pay are taking place for many days, you have the right to consult the Toronto employment lawyers for wrongful dismissal and fight for your claims. Here are some factors that are considered for wrongful dismissal:

1) Duration of the service

2) Position

3) level of responsibility

4) Employment Contract

5) Employer Policy

Beside these there are many other factors that influence this matter. The office ambiance is the most considerable thing for the wrongful dismissal lawyer. The employee standard act of Canada gives the circumstances major priority.

An employee should not sign any agreement or not accept any cash payment from his former lawyer. This kind of act might cause some problem and weaken the case. According to the standard rule all employees are allowed for a paid notice period of sometime from one month to three months. If an employee remains absent from job for more than six months the employer has right to expel him from the job. But for unlawful dismissal lawyers can ensure payments of at least a week to maximum 26 months.

If an employee terminated due to a poor performance problem, the wrongful dismissal lawyer will check all the previous termination of the company to know the reason for termination. If he fined that there is no match, he will seek evidence that proves that the employer treats him differently based on legally protected laws such as gender, race, disability, sexual orientation.

If an employee made a workplace complaint on illegal activity at work, the lawyer recommends you to a potential retaliation claim.

What is the evidence required for wrongful termination case?

The evidence is the most important thing in any case. So in these cases any employer documentation such as employee file and any documentation related to the termination of the employee is very important to the lawyer. For a poor performance termination case the most important evidence is documents related to performance during employment until termination.

About the Author:

The author of this article has an extensive knowledge in the field of Wrongful Dismissal Lawyer Toronto and Ontario Employment Laws.

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