Wrongful Dismissal Lawyers
If you are concerned you may have been wrongfully dismissed, your first step should be to consult Levitt Sheikh, a law firm that specializing in wrongful dismissal claims, staffed with the top-tier of employment lawyers.
By contacting and hiring an experienced law firm like ours to take care of your case, you will quickly understand how we can dramatically increase your chances of obtaining maximum severance and wrongful dismissal damages. If you have any doubt about whether you have been treated fairly, constructively dismissed or wrongfully dismissed, Levitt Sheikh will develop a winning strategy tailored to your specific case and help boost the amount of any corresponding damage award while helping you avoid undue stress or hardship.
Just one phone call could be the difference between a resounding success and a disappointing failure. Maximize your claim by contacting a wrongful dismissal lawyer today!
Levitt Sheikh: Helping You Avoid Common Pitfalls
Regardless of how justified a termination might be from a business standpoint, the law in Ontario is clear. While employees have both rights and duties to their employer, the reverse is also true.
A knowledgeable wrongful dismissal lawyer from Levitt Sheikh will ensure that your rights are upheld, especially when an employer appears to be bending or breaking the law. When you’re fighting in unfamiliar legal territory, it is necessary to have a partner that knows the lay of the land, the law and the courts better than your employer does.
For example, employers will commonly try to describe their layoffs using euphemisms such as “downsizing” or “reorganization,” or suggest that your position is no longer available because it is being redefined or revamped. Alternatively, they may alter your job responsibilities, work hours, or otherwise create a hostile work environment in order to induce you to quit on your own. What is important to understand is that, even if you resign, there are cases in which we can secure you a proper settlement, as long as your resignation occurred under specific circumstances. Those are called constructive dismissals.
Either way, in almost all cases, employers try to pay as little as possible, perhaps offering you an exit agreement that undervalues your past contributions. Do not let that happen! And above all, before signing anything, always consult with an employment lawyer.
Representing Your Interests
Most often, being wrongfully dismissed is an unfair and unreasonable process. You have worked too hard to be paid less than you are properly entitled, particularly since the money saved by the company may simply be divided up as a bonus for the remaining staff.
Let our wrongful dismissal lawyers represent you and rectify the situation. If you or anyone close to you finds themselves in a complicated situation related to an unjust termination, do not hesitate to take action. When we represent employees, our first concern is to act as a resource so that we can support those who have been unfairly removed from their jobs.
We have two locations in Toronto. We look forward to providing an in-person consultation or face-to-face video call where we can more about your situation. The fastest way to get started is to set up a consultation today.
What is Wrongful Dismissal?
At its core, a wrongful dismissal is a breach of contract.
While companies are free to hire and fire for a number of reasons, all companies have the responsibility to do so in a legal manner. Generally speaking, employers can fire workers in one of two circumstances: for cause, or without cause. The vast majority of dismissals in Canada are executed without cause. Firing for redundancy, reorganization, poor economic conditions of the employer or the industry and personality conflicts are all examples of firing without cause in which case you are entitled to full wrongful dismissal damages which is many times what your minimum entitlement would be under the Employment Standards Act.
Wrongful dismissal can also occur in cases in which an employer fires you ostensibly for cause, but does so in an unjust manner. Sometimes described as the capital punishment crime of employment law because of its severity and relative infrequency, it is important to note that a legitimate dismissal for cause can only be used by employers under the most serious or extreme professional circumstances, usually after written warnings of dismissal.
Being fired for cause would require the employee to be guilty of serious infractions such as theft, fraud, habitual neglect of duty, dishonesty, sexual misconduct, assault, or some other form of serious misconduct at work. Being fired for cause is very rare, so unless you were terminated because of serious, repeated acts of misconduct at the workplace, you almost assuredly have a strong case against your employer.
It is important to note that any employer found by the courts to have fired an employee for cause in bad faith (perhaps as a way of avoiding paying full or fair severance packages) may end up legally required to pay punitive and/or moral damages as well as additional wrongful dismissal damages, referred to legally as Honda damages.
Trust the experts at Toronto’s number one firm for dealing with wrongful dismissals with far and away the most expertise and experience in the field. Phone Levitt Sheikh today, and we will make sure that you receive the compensation you deserve, as well as fair treatment under the law.
What is Reasonable Notice?
The term reasonable notice is usually used in the context of an employer providing an employee advance notice of their impending dismissal without cause.
Reasonable notice differs from statutory notice, which is the legal minimum notice an employer is required to provide their employee in the case of a termination without cause. This minimum is usually equivalent to one week of notice for each year worked by the employee (up to a maximum of eight weeks). Reasonable notice, on the other hand, is invariably much more lucrative
How do the courts decide what is “reasonable?” The factors vary on a case-by-case basis, and include qualifiers such as age, experience, length of service, training and qualification, and a host of others. Indeed, there are over 150 factors to consider, all of which are identified in Howard Levitt’s book The Law of Dismissal in Canada.
That’s why hiring a wrongful dismissal lawyer is so important.
Because every case is different, and since the law in this area is always context dependent, you need a team with a deep level of experience in employment litigation like Levitt Sheikh. We’ll ensure you are aware of your rights and that you get the settlement you deserve.