18 Aug What are the steps an employer should take after receiving a Wrongful Dismissal claim?
If you are reading this article, you may be an employer who just received a Wrongful Dismissal claim and aren’t sure what to do next. You are wondering whether the employee has the grounds to file this claim against you, if you can ignore these documents, or avoid this claim altogether. The answer is that, unfortunately, this claim has to be handled efficiently and will involve seeking legal help.
When an employee files a Wrongful Dismissal claim it is because they believe they have been terminated without cause, or with cause, but not given a suitable amount of notice before this termination. An employee has grounds to file a Wrongful Dismissal claim if their employment agreement has not been followed as promised by the employer or if the termination conditions were not followed.
Receiving this claim as an employer can be shocking, and they may believe the employee is in the wrong. However, it is in the best interest of employer, and their business, to respond as quickly and precisely as possible. This claim is being presented because the employee believes their employment agreement has not been followed, and as an employer, it is your responsibility to ensure that what was promised in that agreement is being upheld.
What are the next steps?
The first step is to consider receiving legal assistance and support. KYC at LAW can help any employer navigate next steps in the most direct way possible. Further, they can address whether this claim is valid, and can help resolve this issue ethically and professionally.
The employer must respond within fifteen days of receiving this claim and follow a specific process that would qualify as a formal response. When responding to a Wrongful Dismissal claim, it should be as detailed-oriented as possible. This includes providing any additional documents or proof as to why the employee was terminated. This may involve providing things like online or verbal reviews about the employee, evidence of uncompleted tasks – anything that would help explain why terminating this employee was a comprehensive decision-making process.
The written response the employer needs to provide to the employee should include:
- The date in which the employee was hired and terminated,
- Why you decided to terminate the employee,
- A written response to the reasons why the wrongful dismissal claim was filed,
- Any disputes that are reasonable within the law,
If you are confused as to why an employee is filing this claim and need clarification on how to proceed, receiving legal help is the best answer.
If you have received a Wrongful Dismissal claim and are looking for legal assistance, please contact KCY at LAW by filling in an online consultation request or contact us by phone at 905-639-0999 to book your consultation today.