So you think you’re entitled to a windfall?

These days if you listen to ads on the radio you  may think that if you have been terminated from your job, you’re entitled to  a lot of money from your former employer.

You may be, but as we lawyers love to say “it depends”.  

As a firm that only represents employers, we know it depends on the wording of the employment agreement you signed,  the date you signed it, were you unfit for the position, did you provide your employer with Cause to terminate you and many many more factors.

One factor you really need to keep in mind, is you need to go find a new job.  The legal obligation in a wrongful dismissal law suit is on an employer to prove the employee didn’t find a new job in a reasonable amount of time.   This has been made much easier with the invention of job search websites.   All it takes is a weekly search of the websites and voila – the number of jobs reveal themselves.

You may think Covid has eliminated job openings but you would be wrong.   Administrative positions are beyond plentiful, the automotive sales industry has high demand for salespeople, mechanics and managers.   Digital platforms need everything from HR to developers.  

Of course, employers, the best way to avoid being sued is to have a good employment agreement and talk to your lawyer before you terminate an employee.

Inga B. Andriessen, Principal Lawyer