What can I expect in my wrongfull dismissal case?
September 25, 2006 11:55 AM Subscribe
Canada Labor Law: wrongfull dismissal - suing, what can I expect?
I have a very strong case for my end of employment a few weeks ago. I was dismissed with clearly no reasonable cause.
The law firm I am working with has sent my former employer a certified letter, first step in my case. I was given only one week salary at my dismissal.
This employer came to get me from at my previous job, bonified my first refusal and I accepted the second offer.
I had been working at this previous job for more then 3 years.
There are many missing details here for anyone to accurately comment and I realize that.
I am looking for the steps I should expect in this legal battle as this employer received the certified letter signed by the law firm sent last week and has not responded. He is basically ignoring my lawyerrs request for compensation on my behalf. What should I expect?
How long did you work at the employer who dismissed you?
posted by raedyn at 12:16 PM on September 25, 2006
posted by raedyn at 12:16 PM on September 25, 2006
Two possibilities: he isn't scared by your lawyer's letter and is waiting for your next move (if he's at all experienced in business, he knows that most folks are now on to the "get a letter from a lawyer" tactic and that it doesn't necessarily mean following through beyond that), or he's still conferring with his counsel, who may be busy, researching, gone fishing, or a dozen other things. It's only been a week.
Next step? That depends entirely on him. If he is willing to talk to you, the next step may be his counsel calling to set up a meeting to see what it is exactly you want. Maybe they will deal, maybe this will just be an exchange of veiled threats.
Or he may do nothing, in which case, if both you and your counsel are willing (you said "strong" case -- are those your words or your lawyer's?), you'll be filing and serving papers next. Then he may try to deal, or it may go to court. Dealing may be preferable provided you can get a good settlement, but it takes two to tango.
One important thing: you're in Canada but are you in Quebec? "Reliance" is a claim of substance under the Civil Code. Elsewhere, not so much. (none of this is legal advice. yada yada)
posted by dreamsign at 12:22 PM on September 25, 2006
Next step? That depends entirely on him. If he is willing to talk to you, the next step may be his counsel calling to set up a meeting to see what it is exactly you want. Maybe they will deal, maybe this will just be an exchange of veiled threats.
Or he may do nothing, in which case, if both you and your counsel are willing (you said "strong" case -- are those your words or your lawyer's?), you'll be filing and serving papers next. Then he may try to deal, or it may go to court. Dealing may be preferable provided you can get a good settlement, but it takes two to tango.
One important thing: you're in Canada but are you in Quebec? "Reliance" is a claim of substance under the Civil Code. Elsewhere, not so much. (none of this is legal advice. yada yada)
posted by dreamsign at 12:22 PM on September 25, 2006
Oh, one piece of actual, non-legal, advice: you don't contact your ex-employer directly to discuss anything and you do not take communications from him. Everything goes through the lawyers, and is thus recorded by a second party. Ok?
posted by dreamsign at 12:25 PM on September 25, 2006
posted by dreamsign at 12:25 PM on September 25, 2006
What should I expect?
1. It will probably take a long time* before you get any sort of conclusion (satisfactory or otherwise). The employer may deliberately drag their heels hoping you'll give up.
2. Your former employer won't admit to any wrong doing.
3. If it looks like you've got a good case and you're not going to give up, they may offer you a settlement. You'll have to weigh the risk/reward of going after more in court vs taking what they offer and having the whole ordeal over with.
4. Your lawyer should be answering these questions.
*As an example, for one person I know it took a year before there was a final resolution, and that's for something that was settled out of court. If it went to court, apparently this would have taken even longer.
posted by raedyn at 12:35 PM on September 25, 2006
1. It will probably take a long time* before you get any sort of conclusion (satisfactory or otherwise). The employer may deliberately drag their heels hoping you'll give up.
2. Your former employer won't admit to any wrong doing.
3. If it looks like you've got a good case and you're not going to give up, they may offer you a settlement. You'll have to weigh the risk/reward of going after more in court vs taking what they offer and having the whole ordeal over with.
4. Your lawyer should be answering these questions.
*As an example, for one person I know it took a year before there was a final resolution, and that's for something that was settled out of court. If it went to court, apparently this would have taken even longer.
posted by raedyn at 12:35 PM on September 25, 2006
What province are you in? I would check with The Ontario Federation of Labour (or your provincial equiv) for advice. They're mostly for unionized employees but they don't like to see anyone screwed over and can maybe send you in the right direction.
posted by dobbs at 1:19 PM on September 25, 2006
posted by dobbs at 1:19 PM on September 25, 2006
What should I expect?
I'd say, expect to let the lawyer worry about it while you move on and think about other things.
I'd say forget about it entirely, except you do need to make sure that your lawyer's not forgetting about it. Call the lawyer with your questions. Make sure one of your questions is when you should next expect to hear something. Mark that on your calendar and forget about it until then. Repeat.
posted by winston at 1:40 PM on September 25, 2006
I'd say, expect to let the lawyer worry about it while you move on and think about other things.
I'd say forget about it entirely, except you do need to make sure that your lawyer's not forgetting about it. Call the lawyer with your questions. Make sure one of your questions is when you should next expect to hear something. Mark that on your calendar and forget about it until then. Repeat.
posted by winston at 1:40 PM on September 25, 2006
Put everything through the lawyers.
Also, go to HRDC and tell them you need EI for wrongful dismissal and perhaps get a ruling. But ask the lawyer.
posted by acoutu at 2:10 PM on September 25, 2006
Also, go to HRDC and tell them you need EI for wrongful dismissal and perhaps get a ruling. But ask the lawyer.
posted by acoutu at 2:10 PM on September 25, 2006
Expect to spend of time, money, and energy on nothing unless you worked for a very naive employer who utterly failed to prepare for your departure.
clearly no reasonable cause
What did they put on your exit papers. Forget the name of the form but it's the one you need for HRDC. They have to indicate on it why you left.
posted by scheptech at 2:31 PM on September 25, 2006
clearly no reasonable cause
What did they put on your exit papers. Forget the name of the form but it's the one you need for HRDC. They have to indicate on it why you left.
posted by scheptech at 2:31 PM on September 25, 2006
I was dismissed with clearly no reasonable cause.
Reasonable cause for dismissal isn't needed in any province except Quebec, I believe. Just severance or notice. If you were there for three years, you should have gotten two weeks' severance, not one. You can go to your provincial employment standards office and put in a complaint in the hopes of getting another week's pay.
Or you could sue for the same thing, but the first option is less hassle.
acoutu: he says he's working now, so he doesn't need EI.
posted by solid-one-love at 3:32 PM on September 25, 2006
Reasonable cause for dismissal isn't needed in any province except Quebec, I believe. Just severance or notice. If you were there for three years, you should have gotten two weeks' severance, not one. You can go to your provincial employment standards office and put in a complaint in the hopes of getting another week's pay.
Or you could sue for the same thing, but the first option is less hassle.
acoutu: he says he's working now, so he doesn't need EI.
posted by solid-one-love at 3:32 PM on September 25, 2006
Yes, but if the poster did not go to another job seamlessly, the poster could have applied for EI. I'm not sure if you can do this after the fact, but I did this once because they did not explain wrongful dismissal properly on the EI site and I got a ruling that agreed with me.
posted by acoutu at 11:04 AM on September 26, 2006
posted by acoutu at 11:04 AM on September 26, 2006
This thread is closed to new comments.
What?
posted by SirStan at 12:14 PM on September 25, 2006