Being let go from a job can be stressful and confusing, especially if you suspect wrongful dismissal. When hiring a lawyer to help you, it is critical to find the right one. While any lawyer may be able to assist you, an employment law lawyer with a specific knowledge of wrongful dismissal can help you look after your rights and pursue what you deserve.
Below are the top 10 tips for finding the best wrongful dismissal lawyer in Toronto so you can navigate your options confidently and correctly.
1. Focusing Specifically on Employment Law
Not all lawyers have a specialization in employment law. I would encourage you to select a lawyer who represents employees and has a particular background with wrongful dismissal or termination cases. A lawyer who works specifically on wrongful dismissal or termination cases will have knowledge of Ontario labour legislation and an understanding of the specific concepts of just cause, severance, and constructive dismissal.
2. Past Results
A history of prior wrongful dismissal cases is a significant indicator of credibility. I would ask potential lawyers, in advance of interviewing them, whether they have had prior outcomes in a wrongful dismissal case in particular, and if so, whether it was for someone in a similar position or industry as you. You want to have some indication of whether they have the ability to negotiate or litigate effectively.
3. Detailed Knowledge of Ontario Employment Legislation
Ontario has its own employment standards and common law principles that are different from the other provinces. A lawyer who practices in Toronto should have a solid understanding of how the law operates locally and should not only be familiar with recent developments and rulings that are applicable to your case.
4. Reasonable and Clear Fee Structures
Numerous wrongful dismissal lawyers in Toronto operate on a contingency fee basis, which means that they are only paid if you get paid. You should always ask about the lawyer's fee structure up front. Make sure to understand what percent will be withheld from your settlement, and if there are additional legal expenses.
5. Free Initial Consultation
Excellent employment lawyers will often offer you a free or very cheap initial consultation. The purpose of this consultation is to assess whether you have a reasonable case, what your options are, and how the lawyer intends to proceed. This is also an opportunity for you to see if you feel comfortable working with this lawyer.
6. Communicate Clearly
Legal processes can be confusing, especially during a difficult time and more so if it is an emotional time for you. Find a lawyer who communicates clearly, keeps in contact with you, and can distill the legal jargon of your case into plain language. Establishing an open communication line with your lawyer builds trust and reduces potential confusion and issues.
7. Willingness to Go to Trial
Most wrongful dismissal cases settle before trial. However, as part of your assessment of potential lawyers, you will want to assess whether the lawyer is willing to go to trial if appropriate. Some employers only take employee claims seriously when they believe the employee has hired legal counsel and is ready to take their case to trial. The determination to go to trial can also lead to a better settlement offer without going to trial.
8. Reputation
Be sure you check online reviews, client testimonials, and professional references. A lawyer or law firm that has a respected reputation likely has a strong reputation with both clients and the legal community. You may also check the Law Society of Ontario website for records of past disciplinary actions against Ontario lawyers.
9. Comfort and Trust
You want your lawyer to be someone who makes you feel heard and respected. Wrongful dismissal can take a toll emotionally, and a supportive lawyer or legal advocate can stimulate that process. You should select a lawyer who is interested in your story, your goals, and where you want to go from here.
10. Strategic Advice with Realistic Expectations
A competent attorney will not simply confirm your opinions; they will provide you with straightforward advice based on your specific situation. They will examine the strengths and weaknesses of your situation to help you understand the most likely outcomes. This honesty is critical in developing a collaborative relationship.
Other Suggestions That You Must Know
Do not sign any termination or severance agreement until you have received legal advice. These agreements usually contain waivers of your right to make future claims.
Maintain any documents related to your employment, including your contract, offer letter, pay stub, emails, performance evaluations, etc.
Be aware of timing issues—the law provides for only a limited period (known as a limitation period) to file claims for wrongful dismissal in Ontario.
Queries You May Ask Later
Q: What does “reasonable notice” mean in Ontario?
Reasonable notice is the amount of time an employer must provide when terminating an employee without cause. The timing is based on the employee's age, job position, and duration of service, and is not restricted to what is stated in the Employment Standards Act.
Q: Can I sue for wrongful dismissal if I resigned?
Possibly. If the employer altered your job significantly or the employer changed the work environment to be intolerable, it could possibly be considered constructively dismissed, which is then wrongful dismissal under the law.
Q: Will I need to take my case to court?
Most wrongful dismissal claims will be settled in negotiations. However, if the employer is unwilling to provide you with the appropriate level of compensation, then your lawyer may need to seek the Court's assistance in respect of your rights.
Q: How much compensation will I get?
That will depend on the position you held, how long you have been with the employer, your age, and how difficult it will be to find a comparable job. A lawyer should be able to value your entitlement utilizing statutory and common law standards.
Bottom Line
One of the most important steps an employee can take after the wrongful dismissal is to retain the right Toronto wrongful dismissal lawyer to represent you. There are parts of law school that stress the importance of legwork, specialization, and longevity as key components in advocating for an injured party. Selecting the right legal representation according to everyday advocacy values helps to protect your rights for the future and ensures your voice is heard. A lawyer with a trusting relationship will also help you recover emotionally and financially from the next difficult chapter of your life.
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