Although several factors may contribute to a wrongful dismissal in Canada, when you file a lawsuit, the focus of the legal action will be on your rights at the time you were let go. Although there may have been a multitude of unpleasant incidents that occurred in the workplace to share with your lawyer, minor conflicts will likely not be taken into account, and only specific incidents will be pertinent to the case.
In the majority of wrongful termination in Alberta claims, it’s the role of an employment lawyer to determine if the former employee is entitled to more severance, since this is what most claims center around.
If you’re considering claiming wrongful dismissal, here are some of the legal conditions you must meet:
Inadequate notice or pay in lieu of notice
If an employer neglects to give notice or payment in lieu of notice to an employee, a wrongful termination lawsuit may be filed. Under Canadian employment law, if an employee is being terminated without cause, they are entitled to compensation or advance notice.
Violation of employment laws
Designed to protect the rights of workers, federal and provincial laws govern employment in Canada. Any violation of these rights (an employment lawyer can help you determine if your rights have been violated) may validate a wrongful dismissal claim.
Retaliation
Should an employee wish to assert their legal rights and file a complaint or blow the whistle on certain behaviour or activities in the workplace, for example, and their employment is subsequently terminated, such retaliatory action would not only be deemed unethical but also unlawful.
Harassment
If an employee has reported that they’re being harassed at work, and the employer fails to take appropriate action or chooses to terminate the employee’s contract, there may be grounds for a wrongful dismissal claim.
Discrimination
Terminating an employee based upon such protected characteristics as gender, age, religion, disability, or race is not only discriminatory but unlawful, and such cases of discriminatory dismissal can result in damages of a significant nature being awarded to the employee.
Incomplete termination procedures
If internal policies or certain contractual obligations aren’t followed or met by an employer when terminating an employee’s contract, claims of wrongful dismissal may well ensue.
As with any of these cases for wrongful dismissal, evidence of actions that are unlawful must be provided to the court. Since the process can be complex and long-winded, working with employment lawyers in Edmonton is strongly recommended.
In many circumstances, wrongful dismissal cases are settled out of court, helping the employer to avoid the stress, time, and cost of a trial. However this also makes it hard to know just how many such cases are a success for claimants in Canada overall. One thing is clear: if you have an experienced employment lawyer on your side, your chances of achieving a favourable outcome in a wrongful termination lawsuit are significantly higher than if you were to go at it alone. Although a win can never be guaranteed, their legal guidance can give you the support and confidence to fight for your rights in court.