Dealing with harassment or discrimination at work can cause unimaginable damage to one’s mental health. When dealing with harassment at the workplace, getting even the simplest of tasks done can become very difficult. Many people face harassment at work. So, find a workplace harassment lawyer near me. Though there are laws to protect the employees, such harassment and discrimination go unnoticed more often than not. If you feel that the workplace has become a toxic environment for you and you aren’t sure if you are a victim, then read on.
Are You a Victim of Workplace Harassment?
If you know that you are being sexualized or made fun of, you know that you are dealing with office harassment. Speaking up about it can be challenging and even embarrassing. Many victims of workplace harassment don’t speak up due to the fear that it will make the harassment only worse. This fear becomes stronger when the harasser knows your secrets or is close to your supervisor. When you start considering whether you should speak up or not, you might doubt whether you would be protected or not and be taken seriously.
A lot of organizations do have laws in place concerning harassment and discrimination. Speaking up about the harassment that you have faced takes a lot of courage. Even after having spoken up, you don’t feel that your concerns were addressed. In such a situation, it is best to reach out to a law firm like HTW Law specializing in such laws. When you have experienced lawyers by your side, you know that they won’t stop till you win the case. Such lawyers function on the solid belief that you deserve a pleasant, safe, and hassle-free workspace. If you are being harassed despite bringing it to notice, then taking a legal step is the right way to go about it. It is a crucial step to take, as it is not just about you but also about the people in the organization and the future. It is also about how the company treats its employees.
How to Prove a Wrongful Dismissal?
Being let go from your job can give rise to uncertainty. The search to find another job quickly can also make you highly anxious. If you have been a victim of wrongful dismissal Ontario or wrongful termination, then you need to reach out to a lawyer. They will help you to fight for your right. Wrongful dismissal is quite common, and the lawyer will help you prove that you shouldn’t have been let go. The lawyers will examine the circumstances under which you were let go and discover how the employment law was violated while terminating you. With a lawyer by your side, they will work with you to help you build a strong case. Here is how you can prove a wrongful dismissal.
What Is Required to Prove the Wrongful Dismissal?
In Ontario, you don’t need to prove that you have suffered financial damages from the termination or that you have been terminated without any notice. How it happens is that, once the claim has been filed, the employer will have to prove that either you were given sufficient working notice or payment in lieu of notice or that you were terminated due to gross misconduct during your employment.
Wrongful dismissal is not the same as unjust dismissal. Unjust dismissal is available to those employees who are federally regulated.
Factors such as age, disability, length of employment, experience, and difficulties in finding a similar position will be considered in determining the suitable compensation (also called reasonable notice) for the termination.
The Links Between Workplace Harassment and Termination
In Ontario, there are laws requiring employers to maintain a health and safe working environment. An employee who is constantly harassed is eligible to resign and claim constructive dismissal.
The Employment Law Constructive Dismissal occurs when the employer, by words or conduct, makes a fundamental change in the material term or condition of the employment contract.
Sometimes, an employee is wrongfully dismissed when trying to raise concerns of unsafe working conditions, workplace harassment, and discrimination. In that case, the employee is entitled to additional damages for the termination in reprisal.
Can You Claim Wrongful Dismissal if the Employer Lied About Why You Were Terminated?
There is a widespread misconception that employees must be provided the exact reason for their termination. The question can be answered with both yes and no. No, since the employer isn’t required to explain why the employee was terminated as long as appropriate working notice was provided or money was paid in lieu of notice. This is so even if the employer lied about the reason for termination. However, if the explanation provided to you for the termination was merely an excuse and was in fact a termination in reprisal against the employee for attempting to enforce employment law entitlements, or if the employee is being discriminated against and was terminated based on personal traits such as age or disability, then additional damage may be available to the employee. When this happens, it is best to reach out to a trustworthy employment law firm like HTW Law.
