How Can I Prove That I Was Wrongfully Terminated?
Posted by on Apr 4, 2019 in Blog, Employment Law
Losing your job is never easy especially when you were fired unfairly. Some people just call it a loss and move on to their next job, especially if they were very unhappy at a company. However, others face serious psychological challenges and find it difficult to move on without justice being served. It can be challenging to prove wrongful termination but a great start would be to know your rights as an employee.
Here are several precautions that you can take to help prove wrongful termination.
KNOW THE TERMS AND CONDITIONS OF YOUR EMPLOYMENT CONTRACT
Before you sign an employment contract, be sure to go through the terms and conditions of your contract. You should have a clear understanding of your employee classification (whether you are a contract worker or full time/part-time employee ). It is also important to understand your responsibilities, compensation and benefits, work schedule, terms for termination and the company’s time-off policy as it relates to sick days, vacation days and casual leave.
KEEP RECORDS OF WORK PERFORMANCE DOCUMENTS
Knowing the terms and conditions of your contract can help you to stay on track with what is required. Additionally, keeping records of the time you took off from work, your punctuality, work performance reviews and written warnings can help you prove your case of wrongful termination, especially if an employer tries to misrepresent why you are being fired. You can keep a file with your employment documents in your email so they do not get lost and can be easily accessed.
AVOID MAKING VERBAL REQUESTS
When you make verbal requests, there is no document trail to prove your requests and the responses received. Consequently, it is your word against someone else’s. You need evidence to support your claims.
BE AWARE OF THE EMPLOYMENT STANDARDS CODE OF ALBERTA
Both employers and employees are expected to follow the Employment Standards Code of Alberta. The Employment Standards Code of Alberta outlines the basic requirements for employment. It addresses key employment areas such as overtime, hours of work, leaves and employment termination. This document also provides guidelines for getting recourse if employment standards have been breached.
>ASK FOR PROOF OF MISCONDUCT
If your employer accuses you of breaching the rules of your contractor breaking the company’s policy, ask for proof. Employers are expected to be fair and accountable. Hence, they need to show proof of your misconduct. If you were issued written warnings and asked to take certain steps to make improvements, there needs to be a record of this. There needs to be evidence to prove that you were issued a warning and you didn’t improve. Additionally, you need to be aware of the code of conduct that you breached that gave the company the right to dismiss you.
SEEK LEGAL ADVICE
Trying to fight a legal battle against a company can be quite overwhelming. Hence, we strongly recommend that you seek legal advice. A legal expert can review your case and the evidence that you have and advise you of the best steps to take. If you are not sure that you have enough grounds to make a case of unfair dismissal, that is where a lawyer can be especially helpful for you. Our expert legal team is ready to help you.
Who said that you had no chance of winning your case of illegal termination? Who said that you wouldn’t be able to prove your case of illegal termination? They are totally misguided. Follow these precautionary measures to defend yourself against illegal termination.
If you have been wrongfully terminated and need legal help, contact the skilled team at Heritage Law Today.
