If you were hired by an employer and they fail to follow through with the terms of your contract or foster a hostile work environment that leads to you resigning, you may have ground to file a constructive dismissal lawsuit.
Since this occurrence is very new to you and you probably do not know how to go about the process, you probably need all the help you can get. In this situation, it is crucial to seek the services of an employment lawyer and one can help you through your constructive dismissal case in many different ways.
1. Evaluation
Like any lawsuit, your constructive dismissal case is not straight-forward and because this is probably your first time enduring such a process you do not even know if you have a strong case to begin with. You would hate to proceed with your case and it ends up being dismissed. As a result, hiring an employment lawyer would be in your best interests.
This lawyer can review your case, analyze the chances of success, and advise you on whether or not to proceed. While some people may think most lawyers will take on any case presented to them, the reality is they ultimately want to represent people with strong cases because if they are not, it could end up being wastes of time and resources. Upon reviewing your case, the attorney will be honest with you and will either take your case, advise you to gather more evidence that will strengthen the lawsuit, or reject it outright.
2. Experience
It should go without saying that because constructive dismissal contravenes employment laws you should seek the assistance of an employment lawyer, but some people do think that lawyers skilled in personal injury or general litigation will suffice in their case. An employment attorney should be considered because they are the ones familiar with employment law.
For instance, this lawyer will know that an employee who is not able to prove that he or she was the victim of constructive dismissal will be considered to have resigned from their position and therefore will not be entitled to a severance package.
3. Severance
An employment lawyer will also be aware that constructive dismissal will not impact the severance package received by the employee, unless punitive or human rights damages can be proven as the result of wrongful dismissal. An employment lawyer will be aware of such stipulations that may affect the impact of your case and will know how to proceed to maximize the chances that you receive a favourable outcome.
4. Negotiations
In most lawsuits involving employment law, settlements are reached before they get to a courtroom. Therefore, it is crucial to have an attorney skilled in employment law and able to negotiate with the employer on your behalf, ensuring that your rights are protected and your interests represented. He or she can also look at any settlement offers presented by the employer, review them with you, and advise you to either accept, reject, or counter-offer.
Most employment lawyers have years of experience reviewing severance packages for accuracy and fairness and are aware that factors such as benefits, lost wages, bonuses you are entitled to, and payments in lieu of time off should be included.
5. Work Ethic
An employment lawyer will work hard to guarantee that you receive a package that you deserve and will not be pressured by larger employers attempting to dodge their responsibilities to you. You may rely on the severance package that you receive until you secure new employment and this could take several weeks or months. Therefore, you want it to be able to cover your needs and a lawyer can ensure that it does.
