If life were simple and not complicated, you would not be worried about job security, you would be working for life and not have to worry ever about your boss firing you on a whim. However, the fact of the matter is that life is rarely simple and there will always be complications along the way. Take the case of employment, you could be working today and be fired tomorrow.
Well, thankfully for you, you can defend yourself against loss of income by firing a wrongful dismissal suit against your employer. No, you don’t need a lawyer to do it (in the same way that you can represent yourself in court without a lawyer to back you up), however, if you want to be sure about winning, you absolutely need to consult with a wrongful dismissal lawyer.
A wrongful dismissal lawyer is a lawyer who specializes in labor law. Because of their training, they know what aspects of the law might mitigate an employer’s decision to, rather wrongfully, terminate their employees. Depending on your local area, you could have a handful of lawyers or more than 50 labor lawyers that you can choose from. You can work their numbers and the level of competition among them to your advantage simply by contacting three lawyers and consulting with them about your case.
What you want to do is to find the lawyer that gives you a fair assessment of your case without pressuring you to sign a lawyer-client agreement.
What constitutes wrongful termination? It can be either of the following: (A) Either your employer sends notice less than what is required by the law, or (B) you are not paid the benefits that you are entitled to during the notice period.
You may not know it, but the law actually requires all employers to issue one week notice for every year of employment of up to eight weeks. From the time that you receive the notice of termination to the time it takes effect, you are entitled to receive the full benefits of employment. If you did not receive enough notice or you were not granted the benefits that you are entitled to, you can challenge your employer in labor arbitration.
Not all cases are the same, however, and there are certain factors that might allow employers to get off the hook for terminating employment. Because of this, you should present the facts of your case as extensively as possible during consultation. Ideally, you should sit in consultation with at least three lawyers before deciding on who to hire. Hire the lawyer who tells the facts as they are and tell you how much you might be able to squeeze from your former employer.
How much does a labor lawyer cost? That really depends and the article on bilisimpolisi.com goes into more detail. Most lawyers, though, accept cases on contingency, that is, they do not get paid unless if their clients get paid. Of course, there are those that charge hourly or a retainer.
This post is also available in: French