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The employer/employee relationship can be a tenuous one at best. Things are fine for the most part, but when there is a disagreement or, god forbid, a termination, things can get really dicey. The hope is that you will never need an employment lawyer at your disposal, but the time may come when you have no choice.
That said, the employer may not have been in a position to rightfully terminate you. If you think that you may have been the subject of wrongful termination, there are a few signs to look for. Here are the top five indicators that you may have been wrongfully dismissed from your position.
1. Lack of Notice
There are more than a few obligations on the part of the employer when it comes to termination. Being able to recognize those signs is a crucial part of battling back against that employer. The first sign has to do with reasonable notice.
Your employer is required to provide you with reasonable notice up until the final day of work. Depending on where you work and the position that you hold, the length of your service may also potentially influence the amount of notice that will be required on the employer’s part.
Most companies will either have a face-to-face meeting or provide some kind of written notice regarding the termination. If you were terminated without sufficient notice – especially in a same-day type of scenario – then there may be grounds in which to dispute the termination.
As sad as it is, discrimination still happens on a regular basis. If you think that you may be the subject of discrimination, the only real path may be hiring employment lawyers with a history of taking on cases of discrimination.
There is a rights code in place that protects employees from unjust harassment and discrimination, especially when it comes to employment. An employer cannot dismiss someone without the proper legal grounds unless it comes within a designated probationary period.
When terminated, the employer will have to prove that the decision was made based only on performance. If there is any evidence that it was the result of disability, sex, or race, a complaint can be filed with the aforementioned rights commission.If you think that you may have been the subject of wrongful termination, there are a few signs to look for. Here are the top five indicators that you may have been wrongfully dismissed from your position.Click To Tweet
3. Threat of Reprisal
The rights of workers, in Canada and elsewhere, have come a long way in a relatively short period of time. There are things that used to be considered legal that would result in a business being shut down immediately these days.
Employees are legally due adequate breaks, a safe working environment, and safe working hours, among other things. The employers are not allowed to deny these for any reason and if they do, it is a violation.
If you have been dismissed directly as a result of informing the employer that these rights have been ignored, it could lead to a potential overturning of the termination. Depending on what was denied, it could also potentially lead to a lawsuit.
4. Improper Contractual Obligations
When you sign on with a company, you are signing some form of employment contract. The ones we are most familiar with basically outline that nothing will be done to put the company in a bad light, that rules and obligations will be followed, and so on.
But the termination clause in that contract has to comply with the rules outlined under Canada’s Employment Standards Act. This act is in place solely to specify the requirements of both employer and employee.
Should any of those obligations not be met – or unreasonable obligations be inserted into the contract – these can be pointed to as grounds for unreasonable termination. But the language can get pretty tricky, which is why it is important to have an employment law expert on your side.
5. Asking You to Sign Immediately
There may be a scenario where your employer offers a termination and requires you to sign it on that day. It is of the utmost importance that you do not sign anything put in front of you on that short of notice without talking to a lawyer first.
You are within your rights to ask for a week to review all of the specifics within the termination package. The employer is not allowed to pressure you into signing anything and if they do, it could be deemed that the termination is invalid.
Should this happen, there is a very real chance that you may be entitled to additional compensation. The employer is obligated to give you time to review the package, which gives you the chance to speak to your attorney if you feel that you may be in the process of being wrongfully terminated. The distinction can be a fine one and it helps to have a professional on your side.