EMPLOYMENT LAW: DIFFERENT TYPES OF CASES

EMPLOYMENT LAW: DIFFERENT TYPES OF CASES

Facing termination isn’t easy. It brings with it multiple worries like finding another job or handling finances. It can be an extremely stressful phase in our lives. Sometimes we might find ourselves wondering why we were terminated in the first place. If you feel that you have been terminated without a cause or you don’t agree with the reason, you need to reach out to the law. Stacey R. Ball is one of the most reputable lawyers in the field of employment law. Whether it is wrongful termination or non-compensation, he will be there by your side and help you in your fight for your right. If you are confused about what falls in the jurisdiction of employment law, we are here to tell you about it.

Unjust Dismissal

Dismissal is considered to be unjust as per the Canada Labour Code when you are federally regulated and a non-unionized employee has been terminated improperly. When being dismissed from your job, the employer should have a valid reason for it or the job position should be discontinued. However, unjust dismissal is not the ideal remedy for every situation. Having a lawyer by your side can help you to figure it out.

Constructive Dismissal

Constructive dismissal happens when the employer changes the terms and conditions of the job in a significant manner. Some of the examples of these significant changes include a change in the compensation, title, job duty, location or hours of work. When this happens, the employer is trying to terminate you. It is a type of wrongful dismissal. When facing this type of dismissal, you can press damages. The lawyers can help you to negotiate the existing package which is fair to you.

 Sexual Harassment

The workspace should be a safe space for everyone. This means that it should be free from any type of harassment, including sexual harassment. The sad reality is that sexual harassment is far more common in the workspace than we would like to believe. If you are a victim of sexual harassment in the workspace, you should reach out to a lawyer. Employers are supposed to have policies to protect the employees against being sexually harassed. It happens that these policies are either not strong enough or ignored. Having a lawyer by your side in such a situation is essential. They will help you to fight for your right and pursue a Human Rights complaint or a civil lawsuit. The lawyers will educate you about the options available to you.

Termination Clause

Often termination clause is included by the employers in the employment agreement. If the clause is enforceable, it will limit the period of “reasonable notice” you are given when terminated. Employees usually accept this at the face value. If one has been fired, the situation can turn on them. When the clause is not enforceable, the notice period is calculated as per the common law, and the amount is usually higher. You must have a lawyer by your side.

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About the author: Amanda A. Hunter

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