What Factors Warrant a Wrongful Dismissal Claim?

 If you suspect that you've been wrongfully terminated from your job, you may be eligible for a wrongful dismissal claim in toronto.

There are many reasons an employer may fire a worker.

However, in some cases, an employer's reasons may be unjust and even unlawful.

Therefore, it's important to look at the circumstances of each case to correctly determine if it constitutes a wrongful dismissal.

Below are a few examples of when an employee fires without cause, in which you could be entitled to full wrongful dismissal damages.

Discrimination

Legally, your employer can't fire you because of race, color, national origin, religion, sex, disability or age.

These laws fall under the Equal Employment Opportunity Commission (EEOC). 

If you suspect that your employer fired you due to discrimination, you may have a wrongful dismissal case.

However, this is when you want to consult with a lawyer, as it's very difficult to prove discrimination.

Retaliation

Did you know that you're protected by law if you report illegal activity your employer engaged in?

This is called whistleblower protection.

In some cases, employers do fire workers who become whistleblowers.

If this has happened to you, then you may be entitled to wrongful dismissal damages.

It's also illegal for an employer to fire an employee because the employee complained of harassment, workplace safety concerns, wage and hour violations, etc.

They also can't terminate a worker simply for filing a worker's compensation claim.

However, if you believe that your employer fired you for this reason, you'll most certainly need an employment lawyer on your side to prove that your employer's actions were retaliatory and not based on work performance or another permitted reason.

Medical History

As mentioned before, employers can't use genetic information when making employment decisions.

This means that employers can't submit genetic testing for an employee to see if they're at greater risk than average of developing certain diseases.

If you feel that your employer terminated you due to your medical history or after inquiring about your family medical history, then, you may have a solid wrongful dismissal case to argue to the court.

Losing your job is no doubt a stressful experience.

Many times it can be the employee's fault that they were terminated.

Other times, an employer will terminate a worker for unfair reasons.

To determine the viability of your wrongful dismissal case, your best bet is to consult an experienced lawyer.