IS YOUR LOSS OR CLAIM UNDER $25,000? Small Claims Court could be for you. It is simple, fast and cheap
If your local Small Claims Court limits are higher than your lost pay, or even in the same range, consider suing for your lost pay due to unjust dismissal in your local Small Claims Court.
Small Claims Courts are fast, easily accessible with or without a lawyer and cheap. Your out of pocket fees to file a claim and take it to trial will be only a couple hundred dollars.
They are the people's courts and anyone can file a claim and handle their own case.
It takes a little running around, but the court offices and web sites have simple instructional booklets that anyone can follow. However, it is only prudent to at least consult a lawyer before you go down this road. There is no point in throwing good money after bad.
Was your employment terminated without just cause? If you did not receive reasonable notice of termination then you can commence a wrongful dismissal action. You really need to get legal advice on just cause and reasonable notice rules. Ask a lawyer on CanLaw.
If you have already secured a new job then you can calculate your wrongful dismissal damages relatively easily. How long were you out of work? How much pay did you lose while you were unemployed? The total pay you lost is the amount you can seek in unjust dismissal damages.
Here is an example for illustrative purposes only:
Let’s say you are a 39 year old middle manager who was earning $5.000 a month when you were terminated after six years service. You did not sign an employment contract. And let’s say you secured another job paying $5,000 five months after you were terminated.
In this example, you can claim wrongful dismissal damages of five months pay or $25,000.
Commencing an action in your provincial Small Claims Court is often the fasted, most efficient, and cost effective way to collect wrongful dismissal damages up to your local courts limits..
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