If you work in any capacity, there will usually be a contractual agreement of some sort to be agreed upon. This document will establish the working relationship between you and your employer. Should there be a smooth sailing between the two, you will be able to have a great experience in the workplace.
Sometimes, that sentiment does not always pan out. If the worst comes to worst, an employer may end up terminating you, leaving you without a job. This may also come in the form of a wrongful termination, which could leave you with some options to pursue. After consulting with a Toronto employment lawyer, you may discover there is a legal case to file against your former employer.
Here are six effective ways on how to prove wrongful termination:
What is wrongful termination?
Wrongful termination refers to the dismissal of an employee (or any other kind of worker) for an illegal reason. Despite employees being protected by their local laws, a wrongful dismissal isn’t out of the realm of possibility.
In addition, the employer may provide the employee with a specific context, denoting the justification of the dismissal. For example, they may say that the worker has had a poor performance while on the job. Or, there may be allegations of workplace misconduct. Whatever the case may be, the employee should take further action, if possible.
Types of wrongful termination
As mentioned previously, there may be various reasons as to why an employer may illegally dismiss a worker. Moreover, there are other types of wrongful termination that should be understood as well. For instance, violations of public policy cannot be considered as lawful, especially if a colleague has exercised their legal rights.
Of course, all situations will differ in their various respects. The most important area to consider is for the worker to demonstrate that the termination has been false. Once they have this justification behind them, a lawyer should be contacted for further assistance. That way, you will keep your interests legally protected.
How to prove wrongful termination
In almost all scenarios, the employee has to prove that the wrongful termination is indeed wrongful. There are multiple sources that a worker can use, which can benefit their claim to a tee. One such way comes from colleagues vouching for you. If your performance has been great, your coworkers should be able to speak up for you.
Sometimes, you may be wrongfully terminated for unjust reasons, in addition to unproven allegations. One scenario could involve you being dismissed for sexual harassment claims, even though no such situation occurred. As long as your colleagues are able to back you up when it matters, you will be well on your way.
Evidence of wrongful termination
In almost all situations, having the right amount of evidence will be key. Wrongful termination claims can be fought if you have sufficient proof on your end. The best way to back up your claims is to keep records of your most important interactions with the employer. Documenting your interactions is, therefore, incredibly important.
For example, statements made by your supervisors will go a long way in proving your claim of wrongful termination. Correspondence will also be crucial to your claims, and can outright win you the case in some situations. Try to ensure that you keep all of your information in an organized manner, so that your case is presentable as possible.
When it comes to actively proving your case, you must always be aware of your contractual obligations. Usually, a breach of contract cannot be used as a foundation of wrongful termination, if a proper notice was not given. In almost all scenarios, the employer has to give their employee a sufficient notice of dismissal.
Sometimes, a breach of contract can work for both a specified length of term, as well as for an unspecified term. Though both circumstances will vary, in terms of context, they could be proven if you have evidence. As long as you performed your duties as expected, you have a strong base to build on.
Public policy violations
In some extreme scenarios, you may be able to prove your wrongful termination case quite easily. Should your employer dismiss you as a result of violating public policy, you will have a leg to stand on. Some of these scenarios involve include refusing to break the law, or performing your duties as legally required.
Whatever the case may be, an employer cannot wrongfully fire you in good faith because of these situations. As mentioned previously, you will still have to have the right documentation and proof backing you up. However, you generally have a better case in this light. Wrongful termination can be stressful to navigate, but you can always fight back if necessary!