Anyone have any experience with these issues, I might have to consider one of these 2 to sue my current employer?
Any good law firm anyone can recommend as well?
Any good law firm anyone can recommend as well?
wrongful dismissal / slander lawsuit
- Thread starter youwontknow
- Start date
Never had it happen to me.
But before you look into expensive lawyers, see what the labour board can do. They can look into your case for free.
A labour board can actually put more fear into them. Whereas a law firm is purely a money issue, a labour board who feels an employer is being shady can look into things deeper and be a thorn in their ass beyond what your case is.
From your post, I'm assuming that you've been let go with the employer stating that it's for cause (hence the slander). So the first question you need to ask yourself is if there is any kind of paper trail between you and the company that would establish cause? EG: Performance evaluations, being placed on any form of "probation" or work improvement. Companies do this all the time - to try to establish cause for employees they might view as marginal or expendable. So in response - whenever anybody receives an unjust poor job evaluation the first thing to do is to respond, IN WRITING, with why you disagree with the evaluation. Assuming you've done this, then you should probably speak with an employment lawyer - even if it's just for a one or two our consultation. If' it's a clear case of wrongful dismissal - then there may be penalties that you would want to negotiate beyond regular notice.
The other thing to evaluate before going to a lawyer is how much it is potentially worth to you. EG: If you're talking about a substantial amount of notice/severance then it may be worth the time and money. If it's a matter of just a few months notice - it might not be worth anything more than you making a counter offer (with the veiled threat to go to a lawyer). Terminations are always a negotiation - so the company will always have a number they would be quickly willing to go to to avoid hassle. Nobody wants to end up in court or mediation. Lastly - do not call them your "current employer" if you've been terminated. You will likely NOT get your job back (unless you are part of a union) - so this is just a question of notice and any other compensation you're due. So get your resume out there asap.
The Lawyer Referral Service run by the Law Society has a roster of lawyers that will give a free 30 minute consultation. A lot of lawyers apart from that program will do the same.
I always tell colleagues that the best time to talk with an employment lawyer is well ahead of time. So if you ever get wind of something - don't wait. An hour or two will cost eg: $500 and is well worth it to be informed and have an idea where you stand as well as a resource should shit hit the fan. I've been on both sides in my career - so speak from experience. Eg: I once worked for a private US company that was acquired by a publicly listed US company. That was great in the short term but it was pretty obvious after about a year that the new management had different ideas on the direction. So I advised everybody in our Toronto office to see a lawyer and a handful did. Those who didn't had to scramble for information/advice later when the office was blown up. Be prepared. I also tell people and colleagues to always have a backup. In fact, I don't want people on my team who can't get another job or get into the frame of mind of thinking they're a lifer. I want people who are in demand. That might sound odd or disloyal - but loyalty is an out of date concept in the modern workplace. And best case for you and your colleagues caught in a bad situation - you get laid off with notice and you have another job in your back pocket. So for the notice period you're getting paid twice.
