If you feel like you have been the victim of a wrongful termination or unfair dismissal, it may be worthwhile to talk with an employment lawyer. However, it will be on you to gather evidence and take other steps to ultimately prove your case. If you need more information from an expert, Whitten & Lublin may be able to help you. What do you need to do in order to resolve an employment law case?
1. Determine If You Have a Case
While you may believe that workplace issues rose to the level of creating a hostile work environment, that may not be how the law sees it. It may be worthwhile to go online to research employment law in Canada to see what statute that you may wish to file a complaint under. You may also want to consider talking to an employment law professional about whether or not there is any legal theory to support legal action against an employer.
2. Gather Physical or Digital Evidence
It is critical that you have physical evidence that you can use to establish that illegal activities took place at work. Physical evidence may include pictures or cards that you received that contained disparaging language or graphics on them. You may also wish to keep copies of harassing emails or text messages that you received from another worker or from a manager. If you are planning on filing a lawsuit in the near future, try to record any conversations that you have with managers or other colleagues about your case as they may say something incriminating.
3. Get Witnesses to Verify Your Story
In addition to physical or digital evidence, you will likely need witness statements to back up your claims. These statements can either be submitted in writing or given as testimony in open court. In some cases, it may be best if a witness does both as that strengthens both their testimony and your version of events. Witnesses can be anyone who may have seen your work rights be violated or anyone who you told about your experiences in the workplace.
4. Request a Copy of Your Personnel File
It is likely that your employer is going to look for any excuse they can find to justify your termination or dismissal. Getting a copy of your personnel file ensures that your employer can’t add or edit documents without your having the ability to challenge those changes. Your attorney may also want to review your personnel file to see what may be used against you during the legal process.
5. Request a Copy of Any Complaints Made to the Company
If you made a complaint about any harassment that you received at work, make sure that you get a copy of those as well. In fact, it may be a good idea to keep a copy of what you wrote on your computer or other device. At the very least, you will have a statement from the time when you actually took action. This is important because lawyers for your employer can’t try to show that your memory was flawed or that you were exaggerating when recalling past events.
If you have had your rights violated, it is important that you stand up for yourself by any legal means necessary. Employment laws may prevent companies from terminating employees based on anything other than job performance. An attorney may be able to establish that your employer violated the law, which means that you may be entitled to compensation and other forms of relief.