Wrongful Dismissal Lawyer

In most civil cases, plaintiffs can secure monetary compensation for their losses by either reaching an out-of-court settlement or winning a verdict from the court. The settlement option is commonly chosen because it is often cheaper and less stressful for both parties to reach a mutually acceptable resolution. A wrongful dismissal lawsuit is no different. In fact, many wrongful termination lawsuits settle before trial because both parties recognize that it would be better to resolve the matter out of court.

Depending on your circumstances, you could be entitled to both compensatory and punitive damages. Compensatory damages include any monetary loss you incurred as a result of the wrongful dismissal lawyer, including your lost wages. They also include any expenses you incurred because of the loss, such as job search costs or medical expenses.

Punitive damages are sometimes available in wrongful termination cases, but only where the employer’s conduct was especially egregious and flagrantly flouted well-established employment laws. This type of award is meant to express society’s repugnance for the employer’s conduct and serve as a deterrent to others who might consider similar behaviour.

Wrongful Dismissal Lawyer Approach to Negotiating Settlements

When calculating your economic losses, it’s important to remember that the wrongful termination occurred at a crucial time in your career and that you may not be as successful or capable in the labour market moving forward. It’s also important to consider any costs you expect to incur in the future that you can’t quantify right now. For example, you might not be able to calculate how much it’ll cost you to travel for work or to attend professional development courses.

Your non-economic losses are more difficult to quantify but can still form a significant part of your settlement. This category of losses can include pain, suffering and emotional distress. You might also be able to claim damages for any harm done to your reputation following the wrongful termination. This is particularly important for people who have been targeted because of their race, religion, age or sex discrimination, as such actions can have lasting negative impacts.

A successful wrongful termination case relies on the quality and quantity of evidence. Acting quickly to preserve emails, performance reviews and other objective evidence can make a significant difference to your chances of success. It is also important to have skilled legal counsel available throughout the litigation process.

As part of a wrongful termination settlement, your former employer might agree to provide you with a positive reference. If they are reluctant to do so, you can include a request for this in the settlement agreement. It is also worth requesting that your release from any restrictive covenants in the employment contract be annexed to the settlement agreement, as it can make it easier for you to find new work. It is not uncommon for settlement agreements to include a provision that prohibits you from disparaging your employer in any way following the settlement. This is a standard clause in most employment law settlement agreements.