If you feel that you have been wrongfully terminated from your job, it can be difficult to know if you have any rights or reasons to fight against this termination. The first thing that you need to do is begin to understand the legal statements in your employment contract and if you have a case.
If you were terminated from your employment because of race, religion, age, or disability then you do automatically have the right to fight against this because you were dismissed from discrimination, which is illegal in Canada. If this was not the case, look over your contract for any clauses such as “at-will” which allow the employer to fire you at any time for any reason that is not illegal. If this is the type of contract you have, your case may become more difficult, though not impossible.
If you do feel that you have been wrongfully terminated and decide to fight for your rights, follow these three tips to prepare your case against your employer.
1. Follow company policy
In order to address your employer with a case stating that you have been wrongfully terminated, you must first make an appeal regarding your dismissal to the human resources department or higher manager. There may be formalities that need to be followed in order to begin this process.
Some of these formalities may include external mediation to settle this dispute without legal supervision or documented reasoning for both your case and the employer’s reason for making the decision to fire you. Though you may be tempted to forgo the company policies and send them immediately to court, it is important that you follow all company policies. The more patience and respect you show during this time will only help build your case.
2. Document everything
During employment, it is always recommended to save every email or file and document everything; this also applies to post-employment. From the moment you are fired and ask to clean up your desk, document the entire conversation to the best of your knowledge and save all emails and correspondence that reinstates your good employment standing. Take all information that you can without breaching company privacy or security.
These documents will help you build your case against wrongful termination. If you never received verbal or written warnings about your position, but instead continuously received smooth and reassuring correspondence between you and your boss, you will have a strong case. Remember to continue to document all conversations that you have with your employer even after you have been dismissed.
3. Seek legal advice
If you are unsure about the steps that you need to take, or if you even have a case, you should consult an employment lawyer immediately. Having a lawyer with your during the entire process will allow you to see things clearly, understand the process, and build a strong case against your employer. This can be a very emotional time for you, having a lawyer will help you understand the logistics of the case while removing the emotional aspect. One of the largest benefits of a lawyer is that they can help you understand clauses in your contract that you may have looked over. A contract will be a key piece of this case and it is important that it is fully understood.
If you do find yourself in the situation of wrongful termination, it is important to try and put emotions aside so you can understand the steps that need to be taken. This situation is always difficult and stressful but the calmer you stay, the better represented your case will be.