wrongfully dismissed
Wrongful termination – or unfair dismissal – is an extremely serious issue that can have far-reaching consequences for an individual and his or her family. If an employer wrongfully dismisses an employee, that person may be entitled to compensation for damages including lost income and benefits, emotional distress, and punitive damages. Fortunately, there are laws in place to protect employees from being wrongful dismissal. An employer cannot terminate an employee who is on maternity, paternity, adoption or shared parental leave unless there is a good and valid reason to do so.
However, it is not uncommon for employers to believe that if they hire someone who is pregnant or taking maternity leave that this will make them less productive in the long run. This can cause some employers to take action in the form of firing the pregnant employee or refusing to reinstate the employee upon return from maternity leave. This is illegal and violates several different federal and state laws.
For instance, Ohio law states that employers must provide workers who have taken maternity and/or paternity leave with the same job or a similar one. They also cannot demote or change their shifts (such as nights and weekends) while an employee is on maternity or paternity leave. Federal laws such as the Pregnancy Discrimination Act and Title VII of the Civil Rights Act also prohibit discrimination against women or men who are pregnant or taking maternity leave.
Can an employee be wrongfully dismissed for taking parental leave?
Unfortunately, many people who were wrongfully dismissed while on maternity, paternity or adoption leave have been unable to recover their lost income and benefits. In fact, some have been forced to move out of the area with their families in order to afford proper housing and childcare for their children. It is critical for individuals who have been wrongfully dismissed to consult with a wrongful dismissal lawyer as soon as possible.
In addition to ensuring that an employee has the right to file a wrongful dismissal toronto, a Toronto employment lawyer can help to ensure that all relevant procedures are followed. In the case of an employee who is unionized, this includes following the specific terms and conditions of a collective agreement or arbitration award.
An experienced wrongful dismissal lawyer will review the evidence and determine if an individual has a valid claim for wrongful termination. In addition, they will advise on the appropriate legal avenue to pursue in order to obtain fair compensation.
If you or someone you know has been wrongfully dismissed while on maternity or other family leave, contact Minken Employment Lawyers to arrange for an initial consultation. They serve clients in the greater Toronto area (Markham, Richmond Hill, Aurora, Vaughan, Woodbridge, Mississauga and Brampton) as well as across Ontario, Canada. Contact us today to schedule an appointment at no cost or risk. We offer a free consultation on all new cases. If there is a valid claim, we will fight for your fair and reasonable compensation. The amount of damage awarded will be determined by the maximum amounts permitted in Small Claims Court or Superior Court (whichever is applicable). This includes damages for lost income and benefits, emotional distress, punitive damages, and costs incurred in pursuing your claim.
