Enlisting The Services Of A Wrongful Dismissal Lawyer
February 1, 2017
Do you find yourself a victim of a wrongful discharge? Many employees find themselves in the exact same situation, yet they do not take any action simply because of misinformation. What you should understand is that employees are presumed to work “at will.” This means you can quit your job at any time, but you can also be fired at any time. There are several reasons for an employer to fire you, such as poor work performance, attendance problems, or misconduct. Not all firing, however, is legal. Keep reading to learn what legal steps you can take and how a wrongful dismissal lawyer can help present your case.
What Is Wrongful Termination?
Your first order of business is to understand what exactly wrongful termination is. In general, this term refers to any illegal reason for the firing of an employee. Although employers may have legal reasons for firing an “at will” employee, you must learn the most common illegal the reasons for firing.
First, it’s illegal for an employer to fire somebody simply because of race, color, sex, religion, disability, or national origin. There are also local laws that protect additional characteristics including sexual orientation, gender identity and marital status.
You also cannot be fired for complaining of illegal behavior. This includes harassment, discrimination, wage violations, and safety concerns in the workplace.
Getting fired for exercising a legal right is also illegal. For example, you shouldn’t get fired simply because of exercising your right to vote. There are also cases in which an employer fires an employee after refusing to commit an illegal crime.
It’s also important to determine whether you are considered and “at will” employee. You may have a claim for breach of contract. For instance, your contract may dictate that the only ground for firing is committing gross misconduct. If you get fired for any other reason, then your employment contract is breached.
When To Consult A Lawyer?
If you think that you have been wrongfully terminated, then you should consult a wrongful dismissal lawyer immediately. A legal professional can review the facts of your case and assess whether you have any legal claims. In the event that you do have legal claims, the lawyer can help you take the requisite steps to file a case in court.
It’s also possible for a wrongful dismissal attorney to help you negotiate a severance package or demand a settlement. Depending on the strength of your claims, your lawyer should be able to help you decide what course of action is best taken.
You should particularly enlist the services of a wrongful dismissal lawyer if you are asked to sign a waiver that gives up your right of suing the employer. In most cases, such a waiver is required by employers as a condition for providing a better severance package. Before you sign on the dotted line, make sure you consult a qualified legal professional so you know what claims you give up.
If you need legal assistance for a wrongful discharge, be sure to talk to our experience lawyer is at OLS Quebec. We can match you with a wrongful dismissal lawyer who will attend to your needs, ensuring that your claims are sorted out.
This post is also available in: French