Handling Employee Termination Claims

Taylor & Blair LLP Featured On The Advocate Daily

The lawyers at Taylor & Blair LLP work hard to ensure our clients get a fair resolution of their employment law issues, whether we’re representing the employer or the employee.  Our reputation matters to us and it was an honour to be selected by the team at the Advocate Daily, a website that post legal new and opinion articles free of charge, to comment on wrongful termination for their article on the topic.

Wrongful termination can come in many forms and there is no one-size fits all approach to these types of claims.  Wrongful termination claims can be based in termination without cause, failure to give sufficient notice/severance, the manner in which the termination occurs, constructive dismissal, workplace harassment, human rights violations, amongst others.  The way each case is handled and the approach you need to take can change based on a number of factors, not least of which are the type of employment, the fact pattern of what lead to the termination, the manner in which the termination occurred, the length of the employees service to the employer and the amount of remuneration and benefits the employee was receiving at their job.

Employers Approach to Avoid Claims of Wrongful Termination

We commonly counsel employers on litigation avoidance to ensure allegations of wrongful termination and other employment law claims don’t materialize in the first place.  In the times such claims do arise we help our clients defend them.  If the claim is without merit we vigorously defend the claim in a cost effective manner.  If there is merit to the claim we advise our client’s on the best course of action available to them to resolve any claim quickly and fairly and are mindful of the cost to our client.

It is common for employers to let their human resources attempt to deal with legal claims in an attempt to keep costs down.  While skilled HR professionals can be of use, we often find that having someone who lacks legal expertise manage an employee termination can put an employer in a difficult legal position if a lawsuit if filed against them, whether due to the language used in communicating the termination or the manner in which the termination occurred.   It’s offer more advisable for employers to engage legal counsel early on and as it usually costs more to have a lawyer clean up mistakes made before they came into the picture than it does to simply retain counsel from the start.

Handling Employee Termination Claims

For our employee clients, when they have had their employment terminated wrongfully we strongly advocate for them and move quickly to ensure their case is resolved efficiently.  We know that the financial toll of losing your job can be devastating and the ripple effect from it can affect all areas of your life and the lives of your loved ones.  We can take the stress of the claim off of your hands and let you focus on finding new employment, while ensuring that you get what you’re entitled to from the termination of your employment.

You can see the article on the Advocate Daily here.

If you have an employment law claim there are strict time limits in which you have to take action.  For employer and employee employment law issues contact the lawyers at Taylor & Blair LLP today.