Being terminated from your job can be a stressful time. If you believe that your termination was for an unlawful reason, then you might have a right to claim for wrongful termination against your former employer. In cases of wrongful termination legal remedies are available that includes financial damages in case you haven’t been officially let go yet. Labour Law Firm Toronto will help you to negotiate for a severance package, including adequate compensation.
What is wrongful termination?
Wrongful termination is when the employer lays off an employee for illegal reasons. Some violations carry a statutory penalty as others could lead to the payment of damages based on the loss of wages and other expenses. Certain cases may give rise to the possibility of the employer paying punitive damages as others may give rise to the possibility of holding more than one person responsible. Some of the illegal reasons for termination are as follows:
- In violation of federal and state anti-discrimination laws
- Form of sexual harassment
- In violation of oral and written employment agreements
- Violation of labour laws, including collective bargaining laws
- In retaliation for the employee’s having filed a complaint or claim against the employer.
What are the things to keep in mind after being terminated?
If you have been recently terminated from your workplace then following are some tips to keep in mind:
- Do not act out against your employer
- Consult a wrongful termination lawyer for advice and representation
- Be familiar with the provisions of your employment contract if you have one.
- Find out the reason behind your termination.
- Try and find out the person who made the decision to fire you.
- View your personnel file
- Review the promises that were made by your employer and gather evidence of the same.
- Try to negotiate a severance package
- Get a written confirmation regarding your termination and severance
- Do not let yourself be intimidated
- If you have any company property then return it and follow all the other common post-employment procedures.
Tips for Severance package:
There is no hard and fast rule that dictates an employer to give severance pay unless stated in the employment contract or the employee handbook indicating that the employer has a policy of doing so. But the employee can still negotiate a severance package in return for a promise to waive any legal claims against the employer. Consulting a lawyer will help you determine whether the claim for severance package makes sense in your situation. Here are a few tips to keep in mind when negotiating:
- Keep your cool
- Consider the offers from the employer
- Confirm all the terms in writing
- Do not accept the first offer placed in front of you
- Refuse the employer’s offer that you resign instead of being terminated
- Stay on the payroll as long as possible
- Negotiate to continue with medical coverage while receiving severance pay.