Although it is fair to say that losing one’s job has to be one of life’s most uncomfortable and extremely stressful experiences, it is rare that an employer is legally entitled to just terminate one’s employment willy-nilly just at the drop of a hat.
The law requires that you either be paid for a notice period during which you may continue to work your regular duties at your current job but you are provided notice of the date when your job will end. This is designed so as to give you time to seek out new employment during the notice period provided to you.
Alternatively the employer has the option to provide you “payment in lieu of notice”. This means that you get the same notice period to look for a new job but you are not required to complete your duties at your current place of employment. You are paid out for the notice period and leave the current job immediately.
There is a third very rare category where the employer can claim that they have “just cause for your dismissal”. However if your boss is claiming this, you should run that story passed a good employment lawyer because what we often see is there is a valid claim for payment and the employer is trying to escape their legal requirements to pay.
Our Saskatoon wrongful dismissal lawyers have seen it all over the years. In some of the nastier examples employers might even try to set you up and then claim they have cause for your dismissal. Usually the law will require at least one or more advance warnings be provided to the employee for the same behaviour before the employer can say they have just cause. Your employment file records should be reviewed by a good Saskatoon wrongful dismissal lawyer before you just accept the employer’s word on it. Sometimes it is not clear cut and a settlement is negotiated weighing factors of the risks of proceeding to trial.
Trials are expensive for both sides including the employer. Frequently our Saskatoon employment lawyers have negotiated settlements simply because the employer doesn’t want to spend more money on going to trial and they simply may want to put an end to the dispute as quickly and cheaply as they can.
You owe it to yourself to at least find out what a Saskatoon wonrgful dismissal lawyer thinks about your dismissal and whether your severance package is fair and reasonable and certainly if the employer is claiming just cause and offering you no notice nor payment in lieu. You have nothing to lose to have a chat about it. Our Saskatoon employment lawyers are always happy to help.
When you lose your job and you have been there for a while, you will probably want to know: How much severance pay should you get? This depends on numerous factors. The main ones are:
- Length of time in the position;
- The job title and responsibilities, seniority, etc;
- Your level of education and training pertinent to the role;
- Your employment contract; and
- Any and all other relevant facts and circumstances of your case.
There may even possibly be a claim to Labour Standards if there were employment rights abuses or other factors involved. There may be a claim to the Human Rights Tribunal if you suffered discrimination.
Another common question you might ask is: How much does an employment / wrongful dismissal lawyer cost?
Oftentimes these kinds of cases can be handled on a contingency fee basis, which means you pay nothing unless we achieve a result, and then you would pay a percentage of the result. Typically the fee is around 1/3 of the recovery.
Our Saskatoon employment lawyers know very well that the best way of resolving a wrongful dismissal or severance case is frequently through negotiation. Our clientele receive the added benefit that they can rely on our lawyers’ track records and reputations for their being skilled courtroom advocates as this is an ongoing threat of litigation which is hugely impactful during negotiations.
As mentioned earlier, trials are costly for the defendants and they often can be pushed to the bargaining table based on this threat alone. That said, should the negotiations ultimately break down or fail, that’s when our lawyers use their courtroom expertise to achieve the necessary outcome for our clients to the best of our lawyers’ abilities.
Our Saskatoon wrongful dismissal and severance lawyers are highly experienced and we pride ourselves on delivering top quality legal representation to our clients. Our law firm has been around since 1986. We have three offices across Saskatchewan.
You may be searching for a wrongful dismissal or severance lawyer outside Saskatoon. In and around Saskatoon we service all of the following communities and more:
Kindersley, Melfort, Tisdale, Prince Albert, Humboldt, Nipawin, North Battleford, La Ronge, Lloydminster, Canora, Esterhazy, Martensville, Warman, Rosetown, Outlook, Watrous, Dalmeny, Osler, Langham, Rosthern, and Delisle.
How to Get in Touch
Visit us at 224 4th Ave S, Saskatoon, Saskatchewan, S7K 5M5. We are downtown and share the alley way with the Saskatoon Court of Queen’s Bench. There is a large Impark lot there as well is the most convenient parking near by. There is also metred parking on the street.
Or alternatively you should fill in the contact form and we will get back to you by email or else feel free to pick up the phone and give us a call, we look forward to helping you.
Call (306) 653-7777