After years of a good relationship with management and co-workers, consistent attendance, and a solid work ethic, you are blindsided when you are dismissed from your position. Since this may be your first time in such a situation and the laws regarding employment can be complex, it is in your best interest to seek the services of an employment lawyer to help you. Below are 5 ways one can help you.
1. File a complaint
Some complaint forms need to be completed to initiate your wrongful dismissal case. An employment lawyer will discuss your rights and advise you on the right claim forms to fill out and submit. The rules for submitting these forms vary and it is essential to understand the procedures before you fill out the claim forms. Not doing it correctly can result in delays and dismissals.
Your employment attorney will also ensure you fill the forms before the deadlines elapse. The deadlines and procedures for filing for a wrongful dismissal case vary from one jurisdiction to another. Employment attorneys understand these procedures and will ensure you follow them correctly.
2. Prepare evidence
In order to win a wrongful dismissal case, you require substantial evidence. Preparing valid evidence is usually a hard task. Employment lawyers have the experience to collect evidence to prove the employer breached an existing contract. Your attorney will review all the necessary documents including your employee file and handbooks, employer policies, and all performance-related documents. Evaluation of these documents is critical to help prove that you were wrongfully dismissed from your job.
A good employment attorney will also ask you questions about your dismissal. All the employees with relevant information about your dismissal will be questioned to provide evidence for your case. For example, fellow co-workers and your manager will be able to provide comments on your work performance, attendance, and the presence of any issues that could have resulted in your dismissal.
3. Prepare for deposition
Sitting for deposition is an integral part of any wrongful dismissal lawsuit. This entails giving sworn testimony pertaining to your case. Therefore, besides exchanging documents, you will be questioned before any trial takes place in a court of law.
Your attorney will prepare you thoroughly on the kind of questions to expect. Doing so will give you the confidence you need and you will begin to feel more comfortable answering questions.
4. Negotiate settlement
Many wrongful dismissal suits may never reach a courtroom. Defendants may want to negotiate with you out of court because they think they may be able to save costs and their reputation.
It is essential to hire an employment lawyer to represent you in negotiations with your former employer. This is because the defendant will try to take advantage of you and give you compensation that may be viewed as unfair or inadequate. A lawyer will look at the strength of your case and compare it to the amount of compensation offered. If the case is strong enough, your lawyer will advise you to take your case to trial or make a counter-offer for more compensation.
An employment lawyer will look at all factors and discuss with you the best way to handle the case. This way, you will settle for what you deserve.
5. Go to trial
Sometimes you may feel your case is strong enough and you decide to contest it in a court of law. You will need an employment lawyer to examine your witnesses and present your evidence in court.
An employment attorney will assist you to prepare to testify at the trial. This preparation will include answering questions about your performance at work and the relationship you had with your employers and fellow employees. An employment attorney knows what questions to ask as this could very well be the difference between a judgement in your favour or one against you.
