Strong Advocates In Wrongful Dismissal Claims
A claim in wrongful dismissal arises when an employee has not received proper notice or pay in lieu of notice upon the termination of employment. At Overholt Law LLP, we frequently advise both employers and employees on wrongful dismissal claims, aiming for early resolutions whenever possible.
When you choose Overholt Law LLP to represent you, you are choosing a firm that has the reputation of being a trusted source for employment law matters. Our firm has a proven track record in representing clients in wrongful dismissal cases through settlement negotiations, mediations, trials and appeals.
A Severance Offer And Wrongful Dismissal May Co-Exist
Employers have the right to dismiss employees so long as they comply with their legal obligations. Where an employer offers a severance package to an employee that does not meet their legal obligations, the employer exposes itself to risk of a claim. We frequently advise employers on appropriate severance arrangements, as well as advise employees as to whether or not the offer they have received meets the employer’s legal obligations. Timely advice on these matters can be invaluable.
Our lawyers will gather the facts surrounding the dismissal and gain a solid understanding of the circumstances leading to it. We will then use our knowledge and experience in employment law to avoid, advance or defend the applicable claim.
Dismissal With Cause Is Not The End
For employees who were terminated with cause, the situation is direr than those dismissed without cause. Employers can dismiss workers with cause when there has been serious misconduct that makes the continuation of the employment relationship impossible. It is recommended that employers seek legal advice before terminating a worker for cause in order to ensure a defensible and reliable foundation is built to support the case. Allegations of cause which later end up being inaccurate can be extremely costly for employers.
Workers who have had their employment terminated for cause may feel that they have no recourse in those circumstances, but that is not necessarily the case. Seeking legal advice proactively can help you determine if you have a case for wrongful dismissal.
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Successfully defended the Insurance Corporation of British Columbia in a claim for damages, including punitive and aggravated damages, in a wrongful dismissal and defamation case made by a former manager.
Advised employer in a wrongful dismissal proceeding on the suitability of trial by judge and jury under the Rules of Court for striking a jury notice.
Represented employers and employees in the resolution of wrongful termination and other employment matters in the Supreme Court of British Columbia and in mediation.