Wrongful Dismissal Litigation
Whether you have received a demand letter from a former employee or been served a Statement of Claim, wrongful dismissal cases can be a painful distraction from running your business. When faced with such claims, it is important to take them seriously and respond effectively.
With the aid of legal counsel, your first steps when facing a wrongful dismissal claim should include the following:
- Assess your Liability – Gather key documents, such as the pertinent employment contract. Enquire into issues such as whether the allegations made by the employee match your own records and the recollection of witnesses.
- Engage with the Other Side – Ask questions of the former employee. In particular, learn what, if anything, the ex-worker is doing to find work. Opening lines of communication can also help you to understand what is driving the claim.
- Respond in Force – If the ex-employee's claim is overbroad or without merit, flesh out the reasons why and forcefully defend your position. A well-crafted response, whether prior to litigation or in court, can help level the playing field and provide your organization with control over how the matter will end.
Our Ottawa wrongful dismissal lawyers frequently address claims by former employees. We also have significant knowledge of the tactics employed by plaintiff-side counsel.