Employers in Canada have the right to terminate an employee for no given reason, but there are a few circumstances in which unfair dismissal laws apply. You should consult the expert advice of an employment lawyer. Below are seven steps you need to take if you feel you are wrongfully terminated.
1. Trust Your Instincts
Workplace issues that result in termination or unfair dismissal rarely develop overnight. Most people can look back on the situation later and recognize there were signs that went largely ignored. Use your instincts as a gauge. There may be gossip, rumors or simply a difference in the way you are received. Begin planning what your strategy might be if you were to be terminated for any reason.
2. Take a Deep Breath and Stay Calm
Being called in for a meeting and finding out that this is the moment of termination can be stressful. It is tempting to let emotions take over and begin to say things that are not helpful for the situation. This can give them added ammunition against you. It is best to state your dissatisfaction clearly but in a reasonable and calm voice. You can have a meltdown away from their sight and hearing. By doing this you will walk away from the meeting a winner.
3. Maintain Good Documentation
Not every instance of employment termination constitutes unfair dismissal. Employment law in Canada is specific on instances of wrongful termination. It can be the smallest details that help prove your case. Write down all conversations as soon as possible, retain emails, texts and all documents that you are given in regards to your possible termination. These small pieces of information might be the proof needed to allow you a victory. There are additional resources available at Whitten & Lublin.
4. Conduct Diligent Research
Employment law can be confusing, but there is enough available information online to allow anyone the ability to research the situation. There is no way to become an expert in a short amount of time. You are not expected to become an employment lawyer. You can find out relatively quickly whether there is a possible case of wrongful termination. Learn what work rights might pertain to your situation. This will help you determine whether to take things to the next level.
5. Get Qualified Legal Advice
An experienced employment lawyer can help sort through the specifics of your termination and let you know if there is a case. They are familiar with work rights and employment law in Canada. This is when all of your hard work in documenting each incident comes in handy. Depending on your memory can lead to forgetting important details that might make a big difference in possible outcomes. Retain as many facts as possible for the lawyer to consider. Try to leave much of the emotion out of the meetings. The lawyer will be focusing on whether the actions of the employer went against contract agreements or legal obligations.
6. Begin Plan “B”
Rarely is a terminated employee reinstated. You will have to devise a plan “B” for getting a new job to meet your financial obligations at the time. Understand that the legal process can take time to sort through. There is rarely a quick settlement. Make long term plans to move forward with new employment and opportunities.
7. Use Document Verification Services
Time stamps by third parties unassociated with you or the employer help verify that texts and emails are exactly as presented to boards and courts of law. It is worth investing in this service early onto ensure your documents will be given the weight of being correct and true. The few dents it cost to have this done is worth the trouble.
Contact a lawyer that specializes in employment law today and find out about your work rights and how to gain compensation for cases of wrongful termination.