Losing your income, undoubtedly, feels unfair. Of course, you need your income to pay your bills and survive. However, employment laws define unfair dismissal as termination that contradicts the employment contract, legislation standards, termination without notice or severance, discrimination, and retaliation.
Employment laws can be tricky to navigate, so if you aren’t entirely certain that you have been unfairly dismissed, it’s worthwhile to consult an employment lawyer to assess your case.
Nevertheless, here are the essential steps that you must take.
Review Your Contract
First, carefully read through your employment contract and your offer letter to properly understand all of the terms and conditions. Employment contracts are by no means all the same. Even though most contracts will include standard clauses, employers can include additional terms and conditions.
While you are reviewing your contract, look for termination periods, notice, and severance package offerings.
Document Your Dismissal
Next, collect and organize all documents, including your employment contract, emails, pay slips, and performance reviews. These records can support your unfair dismissal case.
For example, if you have been fired for poor performance yet have performance reviews that prove otherwise, you can seek legal solace for unfair dismissal.
Consult An Employment Lawyer
There are a few reasons your career might need legal protection. Unfair dismissal is one prominent reason.
The most important step you can take is to consult workplace lawyers in your area. These specialized lawyers will evaluate your case, assess your documentation, and provide legal support. The right workplace lawyer will help you understand your rights and explain the most suitable route to seek justice.
Contact Your Employer
It’s never best to contact your employer before consulting a lawyer, as your lawyer may recommend against this step or handle it on your behalf. Even so, there are times when discussing the matter with an employer is enough to ensure you receive a severance package. Your employer may be willing to settle the matter without legal intervention.
File A Complaint With The Provincial Labour Board
If discussing the matter with your employer doesn’t yield the results you deserve, your lawyer will recommend filing a complaint with the provincial labour board and help you manage the process. This essential board or agency in your area will investigate the situation and even mitigate the matter with a legal solution.
Gather Evidence Of Unfair Treatment
If you experienced unfair treatment in the form of discrimination, sexual harassment, harassment, or other, you must gather evidence to support your claim. These instances will strengthen your case. You can collect emails, text messages, and even witness statements from colleagues.
Prepare For Negotiations
At the end of the process, your employer will likely want to negotiate a solution. It’s essential to have your lawyer present for any negotiations, as you might feel pressured to settle for less than what you really deserve.
The right employment lawyer will guide you through negotiations and enforce your rights to ensure you receive compensation for the unfortunate experience.
In some cases, you might be able to have your employment reinstated. But in others, you might be entitled to a severance package, legal costs, lost wages, human rights compensation, punitive damages, and other damages relevant to wrongful dismissal.
