If your employer fundamentally breaches or changes any major term of the employment relationship, such as duties or status, you can claim you’ve been constructively dismissed. In other words, you were, in effect, fired. And then you might sue for wrongful dismissal. A court will consider all of the circumstances of the employment relationship to decide whether a fundamental breach or change has occurred. Ask our Wrongful Dismissal Lawyers to help with your case.
Depending on your particular circumstances, there are some causes of action you might have against your employer: the hiring of a replacement, demotion, reduced pay, withholding pay, change in job responsibilities, abusive treatment, fewer hours, short-term lay off, forced leave of absence, not being allowed to work, or a forced transfer.
For employers, there are also legal issues to consider when firing or dismissing an employee, including severance. Courts tend to consider the position held, age, salary, years of service, and availability of other suitable employment. Generally speaking, an older employee with a significant amount of responsibility, many years of service and a high income is less likely to be able to find alternative employment right away. So, he or she would be entitled to more notice than a younger employee would with little responsibility, few years of service, and a low income.
If you’re guilty of misconduct when dismissing your employee, a court may extend the period of reasonable notice. You should never be untruthful, misleading, heavy-handed or unduly insensitive when dismissing an employee.
If you think your employer has fired you without just cause, you may have a claim for damages. Our lawyers are skilled at providing legal services to both employers and employees alike.