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What are your rights in a wrongful dismissal case

There have been a lot of wrongful dismissal cases during modern history. They consist of cases when an employee, who has worked continually on a full time basis for more than three months, is fired, temporarily laid off or constructively dismissed without any viable reason, notice or severance. If you are in one of these situations, then you have suffered a wrongful dismissal.

What choices or options do you have? For instance, you need to know your rights regarding the matter. If you want to calculate the reasonable notice you were entitled to, you need to consider some of the following factors like length of service, level of responsibility, age, salary and others. The circumstances in which the dismissal occurred will also determine whether more reasonable notice is warranted.

The severance you are entitled to is also determined by factors. For instance, in order to receive severance, you must have worked for more than five years under the same employer and if your employer has dismissed 50 employees within six months or has a payroll of over 2.5 million, then you have the right to severance.

Another form of wrongful dismissal takes place in a constructive dismissal. You may wonder what this is. It consists of the situation when your employer unilaterally changes a fundamental term of your employment contract . The change may be regarding your salary, the location where you work, how many hours a day you work, what authority, position or duties you have. Being harassed by your employer, pushed out because of his actions, or simply threatened to either quit or get fired is also a form a wrongful dismissal.

All of these situations have been presented to you so you will know if you have been mistreated. In any of the above situations you are entitled to take legal action and fight for your rights and compensation. If any of these things happened in Ontario, be sure to visit preszlerlaw.com and contact the legal team on that website. They are experienced in this line of lawsuits as well as others like personal injury cases. Because they specialize on these things, you are bound to get the best available services in this manner.

Since I have mentioned the personal injury cases, let’s talk about them a little and about the rights you have in these situations. Even though you think it is a relatively simple process, like filing a claim to receive the compensation, it is actually a very complex and difficult process. An insurance company will do its best to find excuses not to fully compensate you and sometimes ‘forget’ to supply the necessary information. Having a lawyer by your side who knows what their talking about is always an advantage.

You can sue for a number of reasons, like if you have suffered pain and suffering. For you to have the right to do this, you must meet some requirements. This is called a threshold and it makes reference to the level of impairment one must suffer in order to be compensated for pain and suffering. As the main cause your case is based on, your personal injury must consist of permanent serious disfigurement or interfere or prevent you from doing your job or most of your activities of daily living. The impairment must affect an important physical, mental or psychological function.

Your family also has the right to sue in the unfortunate situation of death or major personal injury. If you want to know more information about what rights do you have in any of the situations presented in this article, be sure to visit the website mentioned afore.

Taking legal action is not a very pleasant process, but in many cases, it is necessary. This article was meant to put some light on the rights you have and when you can pursue legal action in the wrongful dismissal situations and personal injury accidents.

This article is free for republishing
Source: http://www.articlealley.com/article_174007_18.html

 

 
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