Getting fired can be one’s worst nightmare. This is also one of the most common dilemmas encountered by employees. The typical scenario revolves around an employee’s termination from their job where they do not know their options. The employees want to know their rights and have their cases assessed concerning wrongful dismissal and termination without cause. This is when they seek the help of a lawyer, who then considers their situation. The attorney has to differentiate between two possible scenarios: Wrongful Dismissal and Termination without cause.
Read on to learn more about both situations.
What is a Wrongful Dismissal?
Wrongful dismissal occurs when the employer fires an employee without providing prior notice. This includes the situation where a sudden termination occurs because the employer believes that they have a just reason for doing so. Another form of wrongful dismissal is constructive dismissal. This usually happens when the employer brings out sudden changes to the employee’s contractual terms. For instance, a sudden decrease in their wages can cause the employee to quit their job as they will not be accepting the new terms.
What can the Employee do in the case of wrongful dismissal?
The best thing to do is contacting an employment lawyer immediately. The professional expert can help assess the situation carefully and lay out the options available to the employee. For instance, the employee might charge the employer with filing for employment standards. This is also the most cost-effective option. However, if the employee wants to recover more than $10,000, it is better to initiate a civil action. The pros of civil action include the fact that there are no limitations on the recovered amount. Though the process can be quite lengthy and cost much.
What is Termination without Cause?
Compared to wrongful dismissal, termination without cause can involve laws and regulations. However, this is only possible if it is done correctly. This kind of termination occurs when the employee has not necessarily done anything wrong. On the contrary, the employer just randomly gives the sack as they might not require the employee’s services anymore. For whatever reason, the employer might suddenly decide that they do not need the employee anymore. The causes can include downsizing the company due to financial strain or lack of satisfactory work performance.
Can a Termination without cause turn into a wrongful dismissal?
Yes, it can. If the employer fails to notify the employee about their termination in due time. In case of termination without cause, the employer must inform the employee about their upcoming termination to look up for other jobs meanwhile. If terminated without notice, termination without cause can turn into a wrongful dismissal. Sometimes, the employee is given immediate termination and given the wages for the worked time. This case scenario is known as pay instead of notice.
If you have been a victim of any of the situations mentioned above of termination. Then it is recommended that you seek the services of an attorney immediately.