An employee who is dismissed without cause is typically entitled to a certain period of notice, or equivalent pay in place of that notice. Further, an employment agreement can provide for a fixed amount of notice. There are many factors that play into how much notice is appropriate to each situation, and Snyder & Associates has the depth of knowledge and extensive experience to determine the notice period each situation calls for, along with any other claims that might have arisen.
Constructive dismissal is a term used to describe a situation in which an employer makes the work place intolerable for the employee or engages in a course of conduct designed to force the employee to quit. When this happens, the employee may have a claim for wrongful dismissal.
For employees, our services include:
- determining notice periods for wrongful dismissal;
- determining whether a dismissal for cause was justified;
- determining whether you are facing constructive dismissal; and
- securing compensation, whether by negotiation or litigation
For employers, our services include:
- advising on employee and employer rights and obligations;
- advising on terminations with and without cause;
- drafting employment agreements;
- determining whether workers are employees or contractors (and discussing tax consequences);
- human rights complaints; and
- resolving litigation
Wrongful dismissal is a complex area of law, and employers and employees are well advised to seek legal advice on all matters relating to hiring, reclassification, or termination of employment. Obtaining legal assistance from the beginning often means being able to avoid the time, financial and emotional expenditure associated with later litigation.