5 Things Executives Should Know About Unfair Dismissal

When an executive or manager loses their job, the legal term often used for this is wrongful dismissal. What does that mean? This means that the employer dismissed the officer or manager without sufficient legal reason. It can also be called: unfair dismissal, unfair dismissal or unfair dismissal. Unfair dismissal is a term that covers a wide range of dismissals and here are a few points that any executive or manager should know:

Not all dismissals are unfair dismissals. Abusive implies that the termination was a violation of the law. However, there are a number of valid reasons for term not only for ending employment. As a result, sometimes even if there is no valid reason, the terms of the dismissal may always not constitute an unjustified dismissal. For example, if the employer terminates the employment for legitimate economic reasons and provides fair compensation, it cannot be legally qualified as an unjustified dismissal.

Unfair dismissal is a specific legal concept, not just the jargon of lawyers. It has a definition as well as the legislation and case law that determine how it is applied – and where it cannot be applied. Wrongful dismissal is a particularly important legal concept in Quebec legislation and for employees under federal jurisdiction. In Quebec, the fact that a dismissal is unjustified or not has a significant impact on the compensation that an officer or manager is entitled to receive.

We repeat it a lot. That’s because it’s important. If you sign something, the game is almost inevitably over. Even if your claim is perfect, signing a release or letter of offer will usually destroy the claim. Therefore, it is essential not to nothing to sign before making sure it is a fair offer.

The time limits for a request for wrongful dismissal are spectacularly short. This is another piece of information that we repeat a lot. This is because we have been contacted many, many times by people when it is already far too late for us to do anything for them. It is necessary to make decisions as quickly as possible. Do not hesitate to contact a lawyer specializing in labor law, and do not hesitate to contact a lawyer because you think you have missed the deadline. An expert can tell you quickly if you missed the day. However, the longer you wait, the more likely you are that your business will go up in smoke. It’s also important to strategically consider whether your claim is worth pursuing and the best way to go about it. Ideally, the advice of an expert with significant experience in firing executives will probably be the most helpful.

Because of the short lead times and strategic decisions that need to be made, it is essential that you act quickly. When a layoff occurs, it’s important to quickly evaluate your options so that you can move on to the next steps without the doors that should be open closing on you. If a severance offer has been made, you can benefit from expert advice to determine if the offer is a good offer that is worth accepting or if it is worth trying to get a larger indemnity. However, you need to remember that taking the necessary steps takes time. It takes time to contact an expert, time to assess your situation and your offer, time to review your options and advise you, time to act within the legal deadlines… Time flies by. So don’t forget to act as quickly as possible; otherwise, your options may close before you know it.