What is Involved in an Employment Lawyer Consultation for a Wrongful Dismissal Claim?
If you believe you have been wrongfully dismissed from your job, seeking legal advice from a Toronto employment lawyer is a critical step toward understanding your employee rights and navigating the complex legal process. A wrongful dismissal consultation with an employment lawyer can help clarify whether you have a valid claim and what options are available to you. Understanding what to expect during this consultation will not only prepare you for the meeting but also help you make the most out of it.
In this article, we will discuss what typically happens during an employment lawyer consultation for a wrongful dismissal claim, what information you should bring, and how to maximize the value of your legal advice.
1. Scheduling the Consultation
In order to schedule a legal consultation (or meeting) with an employment lawyer, you will first need to contact their office and schedule a consultation. During this call, the lawyer’s office may ask you a few preliminary questions to ensure that your case is within the scope of their practice. Afterwards, there are some common details that are important to book a legal consultation with an employment lawyer’s office:
- Employment status: Were you an employee, independent contractor, or a dependent contractor?
- Details about your dismissal: When were you fired, and under what circumstances? Did your employer offer you a fair severance package?
- Other Workplace Disputes: Do you believe you have other employment claims against your employer, such as discrimination, workplace harassment, retaliation, and so on, based on the facts of your case?
- Employment Contract: Did you ever sign an employment contract that outlines your legal rights and options.
- Timeframe: How much time has passed since your termination (it is important to act quickly because there may be a statute of limitations on filing claims)?
Once your case is deemed suitable, the lawyer will schedule the consultation and inform you of any documents you should bring.
2. What to Expect During the Consultation
An employment lawyer consultation for a wrongful dismissal claim generally follows a structured process. Here’s an overview of what typically happens:
a) Explaining the Situation
The consultation will begin with the lawyer asking you to explain your situation. You should be prepared to provide a detailed account of the events leading to your termination of employment (dismissal). This includes answering questions such as:
- How were you dismissed: Did your employer give you a reason for termination? Were you given any warnings before your dismissal?
- Employment Contract: Whether or not your employment contract is legally valid and impacts your rights and options.
- Your job performance: Were you previously informed of any performance issues or disciplinary actions?
- Employer’s conduct: Did your employer follow any procedures or policies before firing you? Were you treated unfairly or subjected to any illegal practices (discrimination, retaliation, etc.)?
- Relevant circumstances: Were there any external factors, such as whistleblowing, pregnancy, disability, or involvement in union activities, that could have contributed to the dismissal?
The lawyer will be gathering facts to assess whether there are potential grounds for a wrongful dismissal claim, such as breach of contract, discrimination, retaliation, or violation of public policy.
b) Reviewing Key Documents
During the consultation, the lawyer will likely ask you to provide key documents related to your employment and dismissal. These documents can help them understand the nature of your claim and evaluate whether you have a strong case. Key documents may include:
- Employment contract: This document details the terms of your employment, including how your employment may be terminated and whether there are any clauses that are relevant to your dismissal (including a termination clause limiting your right to receive full compensation under common law, specifically a severance package)
- Termination letter: If you received a letter from your employer outlining the reasons for your dismissal, this is an essential document to bring.
- Correspondence: Emails, letters, or any written communication between you and your employer regarding your dismissal or issues leading to the termination.
- Performance reviews: Documents that show how your performance was evaluated, including any complaints or positive feedback.
- Witness statements or notes: If you have any notes or statements from coworkers or supervisors that support your case, such as evidence of workplace harassment, discrimination, significant changes to your job, or other unjust treatment, these will be useful for the employment lawyer to review, understand your case and advise you of the best options moving forward.
The lawyer will analyze these documents to determine if there were any violations of your rights and to assess the strength of your wrongful dismissal claim.
c) Evaluating Your Legal Rights and Grounds for Wrongful Dismissal
One of the key functions of the consultation is for the lawyer to evaluate whether your dismissal was wrongful based on your employment rights. This evaluation will depend on several factors, such as:
- Wrongful Dismissal Claim: Did your employer terminate you without following the terms outlined in your contract (e.g., failing to provide you with adequate prior notice of termination, firing you without cause and without a fair severance package, etc.)?
- Unlawful Discrimination: Were you dismissed for discriminatory reasons based on your gender, race, age, religion, or disability?
- Unlawful Retaliation: Were you fired for engaging in a legally protected activity, such as reporting unsafe working conditions or workplace harassment?
- Constructive Dismissal: If you were forced to resign because of your employer’s actions (e.g., harassment or unsafe work conditions), or significantly negative changes to your job, an employment lawyer may assess whether this constitutes constructive dismissal.
- Public Policy Violations: Were you dismissed for reasons that violate public policy (e.g., firing you for taking time off for jury duty or for reporting illegal activities)?
The lawyer will help you understand your rights under the law and determine if your situation warrants legal action.
d) Discussing Potential Legal Claims
Once the lawyer has gathered all the relevant information and assessed the strength of your claim, they will discuss your legal options. These options may include:
- Negotiation: Your lawyer may suggest attempting to settle the matter through negotiation, which is typically referred to as negotiating a severance package.
- Filing a Claim: In some cases, you may be able to file a claim with the appropriate legal body, such as for unpaid termination pay with the Ontario Ministry of Labour (although generally this pales in comparison to an employee’s rights to employment litigation).
- Filing a Lawsuit: If the initial option of negotiating a resolution with your former employer does not work, the employment lawyer may suggest filing a lawsuit for wrongful dismissal, or other appropriate options, such as a constructive dismissal claim. This could involve taking your case to court, where a judge will determine the outcome.
Your lawyer will help you weigh the pros and cons of each option and help you decide on the best course of action based on your unique circumstances.
e) Explaining Fees and Costs
At this point in the consultation, the employment lawyer will explain their fees and how they charge for services. There are many different types of retainer options, such that lawyers may charge an hourly rate, a flat fee, or a contingency fee (where they only receive payment if you win your case), depending on each case. The lawyer will also discuss any upfront costs or disbursement fees you may incur, such as court filing fees (although there are generally fewer disbursement fees during severance package negotiations).
It’s important to clarify these details during the consultation to avoid any surprises later on. If you’re concerned about the costs, some lawyers offer payment plans or no-win-no-fee arrangements.
3. Next Steps After the Consultation
After the employment lawyer consultation, you will likely leave with a clearer understanding of whether you have a strong wrongful dismissal case and what steps you should take next. If you choose to proceed with the lawyer, the next steps may include:
- Gathering additional documents or evidence.
- Filing an official claim with the relevant authorities or courts.
- Engaging in settlement negotiations or alternative dispute resolution.
Your employment lawyer will guide you through each phase of the process, ensuring that your rights are protected and that you have the best chance of achieving a favourable outcome.
Conclusion
A wrongful dismissal consultation with an employment lawyer is a crucial step in determining whether you have a valid claim and understanding your legal options. By preparing for the meeting with all relevant documents and a clear account of your situation, you’ll make the most of your time with the lawyer. An experienced employment lawyer can assess your case, offer legal advice, and help you take the necessary steps to seek justice and compensation for your wrongful termination.
Call for Employment Lawyer Consultation Today
If you were terminated from your employment with or without severance package, call today to discuss your options. As an employment law firm in Toronto, Bune Law has reviewed many severance packages and are skilled at negotiating improvements. You will review and get guidance on your severance package before you agree to sign any termination documents, and help ensure that your severance package is fair and reasonable.