If you want to sue a previous employer for firing you wrongfully, you must know about some things. When you file a wrongful termination case, you are asking the court to award you monetary damages. But these damages are meant to compensate you for your losses due to the wrongful actions of your previous employer. In this case, you must prove that you sustained losses due to the actions of your employer and the amount of such losses. Because of the complexities involved in this type of case, it is in your best interest to work with a skilled Ontario employment law attorney who will guide you through each step of the legal process.
Winning a Wrongful Termination Case
Wrongful termination claims often involve allegations of being fired in violation of laws associated with the circumstances below:
- Exercising rights. State and federal laws provide workers with different rights and protections they should exercise freely. These include requesting disability accommodations or reporting illegal harassment. If you have been fired for exercising these rights, this employment action may be unlawful. In this case, you may hold your employer accountable.
- Whistleblowing. A lot of workers reveal the wrongdoing of their employer to a supervisor, state agency, or law enforcement. In California, whistleblowing is protected by law. Employers cannot retaliate against whistleblowers.
- Public policy. If you have been let go for refusing to cooperate or go along with the intention of your employer to commit unlawful acts, this can be a violation of the state’s public policy.
Damages You Can Seek
The damages you can pursue depend on the facts and circumstances of your case. But the following are damages you may be able to recover:
- Lost wages and benefits. If you prevail in your wrongful termination lawsuit, you can earn compensation for the wages you lost because of the termination. Also, you can be compensated for the value of benefits you could have gained if you were not terminated.
- Non-economic damages. These damages include emotional distress and pain and suffering you might have suffered because of the termination.
- Punitive damages. You must show that your previous employer engaged in malicious conduct or fraud to recover punitive damages. These damages also serve as a deterrence to make sure your employer won’t do this again to others.
Whether you have been wrongfully terminated or are facing wrongful termination, you may want to take your case to trial. In this case, you need an experienced lawyer by your side.