Basics Of Constructive Dismissal
For many employers in Manitoba the term constructive dismissal does not apply. They may be having a hard time finding an employee to fill a vacant position due to a number of factors. Most often this is because the company has a large turnover rate and may be cutting down on the amount of people they hire every year. In addition, a dismissal may occur for reasons that the employer does not like such as bad communication or lack of effective performance. If you feel that you have been wronged, there are certain steps you can take in order to seek damages for your situation.
First of all, you should talk with your employer about the possibility of a constructive dismissal. Explain your situation and see if he is willing to listen to you and make the necessary changes. Even if your case seems pretty simple, it is possible that your employer will go through the process without calling for an official hearing. If this happens, it is important to follow up with your legal representative. By talking with your employer and gathering information you will have a better understanding of the process and what your rights are.
When you file your case it is very important to hire a lawyer who specializes in the particular area of your employment. The more experience he has with cases such as yours, the better off you will be. Your lawyer should explain the entire situation including why you feel you have been unfairly dismissed and any proof that will support his arguments. You will also need documentation such as copies of any disciplinary records that may have been filed against you as well as any evaluations that have been written about you. It is important to gather this information as early as possible so that you do not waste time or money going through it as it comes through the legal system.
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Knowing The Basics Of Constructive Dismissal
During the case you will likely be given a date to appear in court and be given specific instructions about how to answer questions from your legal representative. It is important to follow these instructions, even if you are tempted to simply tell your boss to “come out with it”. If you do not follow this advice you may find yourself facing legal issues down the road from the fact that your employer was aware that your performance did not meet expectations and considered it unfair for you to be terminated. If you do go down this road it is important to have a legal counsel to protect your legal rights.
Your legal representative will also need to make contact with your employer and see if you have any way to resolve your issues outside of what would happen at a compromise conference. This can be done by you calling your employer or by your attorney. It is important to remember that even if you have a legitimate case it is extremely unlikely that you will receive anything other than a negative reaction from your employer. The last thing you want to do is go through a long drawn out settlement where nothing is really resolved because you were too frustrated to continue. If you have tried and failed to resolve the problem with your supervisor prior to hiring an attorney, then your best bet may be to have a professional who is knowledgeable in the area of constructive dismissal work with you to find a solution.
Constructive dismissal is not a very easy concept for most people to understand, and many times it is the manager of a company that is the one who puts you in a situation where you are trying to prove your case. If you are able to prove that you have indeed been unfairly dismissed it is in your best interest to take your story to a court of law so that they can hear it and make a determination as to whether or not you have been fairly dismissed. You may have to do some digging to find the right legal expert to help you with this, but in the end you will be happy that you attempted to put a case before a judge or court of law. If you feel like you were wronged, or treated unfairly in some way, then having the help of a qualified and experienced legal representative will be well worth it. You should never settle with anything less than what you are entitled to when it comes to your job.