Workplace abuse has become common now-a-days, especially because there are more people ready to come in and the companies or firms are becoming indifferent about the people who already work in that particular place. However, employment law firms Toronto state that not all reasons for firing an employee will come under wrongful dismal and it too has to follow the law.
Firing without a good reason
An employee must remember that the employer owns the company and he or she can remove anyone from their position with prior notice. According to professional employment lawyers in De Bousquet Law Firm Toronto, there should not be any need of a good reason, but the employer can state any reason to fire an individual. So, this does not count as wrongful dismal and employees seeking any compensation in this way cannot get any help.
What is the use of wrongful dismal?
Employment law firms Toronto emphasize on the fact that wrongful dismal is mostly about procuring desired amount of money from the company. The client’s case is examined based on the Employment Standards Act and if the case is found to be favorable, the lawyer can help the client to gain some money for the unfair removal from the company.
Wrongful dismal is useful or to say applicable, when the employee is not treated fairly in two ways or in any of the following ways. During the removal of an employee, the company has to give enough time for the individual to seek another job or find an alternative so that his/her career may not be at loss. The company has to provide the individual with compensation for removing the individual within such short notice and make up for their sudden decision. If an employee feels that he/she has been treated in any one of the cases mentioned above, then he/she can approach Toronto employment lawyers. Then the lawyers will take care of the steps necessary to file a law suit against the company and get the desired compensation.
Can an individual be reinstated?
Yes. But rarely and the lawyer has to work out on so many possibilities if the client seeks reinstating rather than money. Some of the common elements an employment lawyer has to inspect while understanding the sudden dismissal notice are whether the employee has taken an extended paternal or maternal leave, whether the employer was not willing to reveal the true motive behind his actions, whether the employee asked the employer to follow the law, etc. There are numerous other aspects that Toronto employment lawyers have to look at before filing a suit that is directed towards reinstating. It is a very difficult task, but if all the circumstances are right the lawyer can work his way through the case and help in reinstating the individual into the same company and in the same position.
As one can observe wrongful dismal cases are not a ‘walk in the park’ and require experienced employment lawyers who understand every minute detail and come to a conclusion. This a great advantage for employees who feel that they were treated with injustice.