Wrongful Dismissal: Legal Assistance for Employers and Employees
Nowadays, most of us spend as much time at work as we do with our families. A breakdown of the employment relationship, usually by termination or dismissal, can leave an employee with the same sense of loss, anger and emotional turmoil as a marriage breakdown or divorce. Whether an employee is “let go”, “fired” or “dismissed without cause”, an employer has legal obligations to the employee.
An employer must, there is no ‘should’ in these cases, know its obligations and how best to protect itself from a claim for damages for wrongful dismissal by the unhappy ex-employee.
Employees must know what they are entitled to upon termination since, if they can judge whether the employer has in fact treated them fairly on termination, they will not waste time, money or energy on wrongful dismissal litigation in the courts.
At Railtown Law, we have helped both employers and employees in termination cases. A resolution without litigation is our goal and our efforts are designed with settlement in mind. Settlements have to be seen to be reasonable and fair to both sides. However, neither the employer nor the employee can truly judge the reasonableness or fairness of a wrongful dismissal settlement offer without legal advice about the relevant law and what the likely outcome would be if the case did come before the courts for determination.
Down-to-earth, well-founded advice will provide employers or employees with the proper legal context in which to assess their position and that of the other side. In most cases, it is not worth waiting until a lawsuit is started to begin trying to resolve the dispute. Employers need to be properly and fully advised before they terminate. Employees who sense they may be terminated or who have been asked to agree to a significant change in their job, need advice before events overtake their ability to exert some control over the situation.
Railtown Law can help employers and employees with workplace issues, terminations and wrongful dismissal claims.