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Top 5 Unfair Dismissals Examples That Take Place in Workplace

Labor law can be inscrutable, but for employees who’ve been fired without cause, it can be the only recourse. Most countries recognize several categories of unjust dismissal, and there are laws that protect employees from some of these forms of termination. A Canada employment lawyer can be consulted if you feel that you have been unfairly dismissed from your company. One category is wrongful dismissal, which describes situations where employees are fired due to discrimination or retaliation.

Another category is constructive dismissal—in these situations, the employee is forced to resign due to an actively hostile work environment. A third category is unfair dismissals. In these situations, an employee is fired without adequate reason, or the mode of termination runs afoul of the country’s labor laws. Ahead, learn more about this type of termination via five examples of unfair dismissals.

Example 1: Service Industry and Unfounded Accusations

The service industry often churns through workers at a fast pace, and this can create an atmosphere where unfair dismissals run rampant. Here is one example:

A barista goes to check the cash register at the end of the shift. The register is $30 short, and the barista informs the manager of the discrepancy. Without evidence, the manager accuses the barista of stealing. Though the barista claims she’s innocent, she’s fired all the same. This is an example of a potentially unfair dismissal, especially if the barista can provide evidence that she didn’t steal. Maybe the café had a security camera, or perhaps the discrepancy was due to a discount that wasn’t recorded in the books.

Example 2: Tech Industry Employee Swap

Unfair dismissals don’t just happen in the service industry. Take the following example:

A successful tech company hires an experienced candidate to run their PR department. The new PR manager produces excellent work, and the company gives him no reason to doubt his place in the company. One day, however, the CEO meets someone with interesting PR skills at a tech convention. They want to hire this new candidate as PR manager, and decide to simply fire the current manager. In certain countries, this would qualify as unfair dismissal.

Example 3: Restructuring Demotions

Sometimes, unfair dismissals are a result of company-wide changes that leave certain employees in the dust. Consider:

A part-time employee for an in-home respite care provider receives an unexpected promotion when the company decides to expand their services. While she formerly worked as a care worker, she’s made the manager of the new Parkinson’s unit because of her experience and qualifications. She performs her job admirably for a year. After another company-wide restructuring, however, the Parkinson’s unit is condensed into the broader dementia unit. The company gives her two options: return to her part-time work, or quit.

Example 4: Denial of Benefits

In some scenarios, a denial of benefits can lead to unfair dismissal. Take this example:

In Australia, all workers are entitled to public holidays and annual leave. An Australian man applies for a part-time government job via a grant program, and for the first six months, his wages are paid for by this special grant. After this period, he receives confirmation that his part-time job is permanent, and that his wages will now be paid by his employer. He should be eligible for the standard benefits afforded to all workers, like holidays and leave, but his employer refuses. If this conflict leads to his dismissal, it might be legally unjustifiable.

Example 5: Working Time Violations

Many countries have specific laws in place regarding working time, ranging from the number of hours an employer can legally ask employees to work per week to mandatory rest breaks. For example:

A factory employee is legally entitled to a set number of breaks each shift. Their employer only allows them to take 75% of their allotted breaks. When the employee files a complaint, they’re fired. In certain countries, like the UK, this form of dismissal would likely be illegal.

Impaired Driving Accidents: Understanding Responsibility, and Settlement

Drivers have a responsibility to safeguard others while on the road. While criminal and civil statutes mandate rules of the road, not everyone follows them. Persons suffering from substance abuse problems, in particular, may dangerously disregard the law.

Driving while under the influence can lead to a life-altering accident. After the collision, the person responsible for the crash faces the consequences. Among the consequences is a negligence lawsuit.

Negligence and Responsibility

At the center of any impaired driving car accident case is the question of negligence. Under the law, negligence refers to a failure to drive safely on the road leading to someone’s injury. Choosing to operate a vehicle while under the influence of drugs or alcohol reflects a disregard for safety.

The driver now becomes responsible for all injuries. Injured parties, however, must take all the necessary action to recover damages. The complexity of the process depends on several factors.

Filing an Insurance Claim

In most states, driver’s are required to carry auto liability insurance. The insurance covers the driver in case of an accident. So, when injured by an impaired driver, you can seek a settlement from the insurance company up to the limits of the policy. Retaining the services of an attorney may prove helpful. The insurance company might offer a low settlement. An attorney can fight for a higher amount or file a suit to seek a judgment in court.

Coverage Limits

The point about insurance companies only covering up to the limits on the policy can create some concerns. If the negligent driver’s liability insurance maxes out at $100,000 and inflicts $200,000 in damages, an attorney would need to sue the driver for the amount above policy limits. The assumption here is the driver has $100,000 in assets. Suing someone you cannot collect from fails to make any sense. So, the injured party often relies on getting the best settlement amount from the insurance company.

The Basics of a Settlement

A settlement offer refers to a lump sum payment to end all litigation. Settlements can make things easier for all parties. Injured persons stand to benefit significantly from a substantial settlement offer. Upon receiving the settlement check, the funds can go towards covering losses from the accident. Address medical bills, lost wages, and more with the settlement money. Litigation could take much longer and without any means of predicting the jury award.

Strong Settlement Representation

Insurance companies seek to protect their interests. While obligated to cover losses deriving from an impaired driver’s negligence, the insurance company still argues just how much the negligence cost. The insurance company wants to cut its losses. By accepting a small, unfair settlement offer, the injured party may serve the insurance provider better than him/herself.

Seeking solid representation becomes the responsibility of anyone injured by an impaired driver. Negotiating directly with the insurance company may prove disastrous. Turning over these duties to an attorney could lead to a favorable outcome.

Six Steps to Follow During Estate Planning

Estate planning refers to designating what should become of your assets and liabilities upon your demise or if you become incapacitated. Remember that to plan your estate; you do not have to be wealthy. Estate planning is advantageous in many ways such as caring for the needs of your loved ones and ensuring continuity of business transactions. You can consult an estate lawyer to help you through the process. In the meantime, here are the major steps of estate planning.

Write an inventory of your assets and liabilities
You ought to compile a detailed list of what you own and what you owe. Ensure you reveal the contact details of your creditors as well as the location of your assets. The list should be kept in a secure place- where you keep other crucial documents. Give a copy of this list to your executor.

Have an eventuality plan in place
Would your family be catered for financially in case you became incapacitated? Such are the questions you should have in mind when developing a contingency plan. Consider insurance policies such as disability insurance. The emergency plan should ensure your family’s well-being in case of any uncertainties.

Consider your children and dependents
Most people choose to leave their wealth to their spouses; which is entirely okay. However, if you have other dependents such as kids from a previous relationship, it is advisable to address their needs exclusively. Other dependents could be siblings, relatives or someone with special needs.

Guard your assets
After leaving this world, many people have plans for their estates. Some want their heirs to inherit the wealth and live comfortably while others want the property to be donated to charity. Whichever the plan, protect your assets through outlining strategies such as disposing or transfering business ownership. Many individuals utilize trusts and life insurance for this.

Put your wishes on paper
Make sure your wishes are executed by creating the required legal documents such as an updated will to dispose of your assets, power of attorney for the sake of financial matters and a living will specifying your last wishes. Also, confirm beneficiaries for your retirement accounts, insurance policies, and other possessions.

Appoint fiduciaries
By the time your wishes are being fulfilled, you will be in a state where you cannot manage your assets. This is because your desires become valid either when you are incapacitated or when you are dead. Therefore, you need someone to execute these wishes. You need a trustee of your assets, an executor of your will or a legal guardian of your dependents. Ensure that the fiduciaries you appoint are willing to take up the tasks and also let them know where your assets are.

The process may seem complex but it is paramount, and you need to consider it. Hiring an estate lawyer will make it easier. When hiring the attorney, get one who is reputable.

Basics about Criminal Law in Canada

The part of the law dealing with crimes is called criminal law. This means that there are certain behaviors that are illegal and can be punished by the authorities. In Canada, common methods used to punish defenders include jail term or imprisonment or fines which can range from as little as one dollar to hundreds of thousands of dollars. While self-representation is allowed in some criminal cases, it’s important to hire a criminal lawyer who is experienced and from a reputable firm. Not only will they prevent jail term for you but they will inform you about your legal rights. A criminal lawyer will establish a criminal defence for you depending on the circumstances under which you are accused. Criminal law can be invoked where the crime caused harm or threatened to cause harm which may result to property damage, endanger the safety and life of people. Whenever a person is accused of endangering the moral welfare of people, criminal law can be applied.

Criminal law objective
Unlike the civil law that emphasizes on compensation or conflict resolution, criminal law emphasizes on punishment. This means that serious consequences can be applied to force an individual to abide by the law. In Canada, people have received several sentences under criminal law for various crimes such as life imprisonment and even double life sentences. However, these are sentences for serious offenses such as first-degree murder, drug trafficking, and rape. Other lesser crimes attract fines for the accused, and the fine can differ from jurisdiction to the other in Canada.
All said and done, there are five objectives that criminal law in Canada works to enforce. This can only be effected through punishments such as restoration, rehabilitation, incapacitation as well as deterrence and retribution.

Types of criminal laws
While criminal law is a broad area, there are common criminal laws in Canada, and they include fatal offenses, personal offenses, property offenses and participatory offenses. Fatal offenses include activities like culpable homicide and murder. Whether premeditated or accidental, murder is illegal in many jurisdictions. The accused can plead guilty by insanity if accused of murder. As for homicide, a possible defense is a self-defense which carries a lighter sentence. Personal offenses, on the other hand, consist of activities like sexual abuse, rape, battery, and assault. Property damage consists of criminal trespass, theft, criminal damage, robbery, extortion, and fraud. On the last part about participatory offenses, it includes activities like inchoate offenses, aid and abet as well as an accomplice.

Common defenses in criminal law
This is the part that the accused person tries to show the jury that the evidence by the prosecutor is false. Common defenses exist depending on the nature of the crime committed. People accused of first-degree murder may plead the insanity defense or the coercion and duress defense. Another defense commonly used in criminal cases is the abandonment and withdrawal defense. There is a great source of information available on the Donna V Pledge website.

Why it’s Crucial not to Discriminate People with Disabilities

Discrimination can happen at any place at any given time. Moreover, it can happen to anyone regardless of their social status. You can be discriminated when it comes to the employment sector, housing sector, and even the education sector. What’s more common is the discrimination that exists when you try to access public services. Such discrimination might be difficult if it was directed to a disabled person. Whenever a disabled person is denied access to any of the mentioned service because of their condition, they should seek the assistance of a disability lawyer. The lawyer will then represents the disabled person in pursuit of justice. Disability laws in Canada vary from one province to the other. Disability laws in Ontario describe disability as either mental or physical and one that prevents an individual from executing the activities of life substantially.

Who Enforces Disability law in Canada
The disability law in Canada is enforced by many bodies, but the main ones are the Department of Justice and Equal Employment Opportunity Commission. Individual provinces are allowed to pass their disability statutes with the only requirement being that they should comply with the one administered by the federal government. Some of the statutes that have been passed in Canada include the Air Carrier Access Act, Rehabilitation Act, Fair Housing Act as well as the Individuals with Disabilities Education Act. One act that is commonly in use in Canada is the Fair Housing Act where players of the housing industry are not allowed to discriminate when buying, selling or renting their facilities to disabled Canadians. In fact, the act requires the homeowners to make exceptions to their premises. This can be accomplished through housing policies. For instance, designated parking space for the disabled as well as designated stairs and paths.

Disabilities recognized by the law
The law does not recognize all disabilities in Canada. The most prominent social disability is alcoholism. However, the disability law in Canada does not recognize socially undesirable behaviors such as pyromania, compulsive gambling as well as sexual behavior disorders. Despite the failure to list all the disabilities under the disability law, it’s mandatory to make reasonable accommodation when dealing with a person with any form of disorder. For instance, the Individuals with Disabilities Education Act makes it mandatory for public schools to offer free education to children with disability and offer them the least restrictive environment that will allow them to learn. There are more resources available at Disabled Law.

Reasonable Accommodation
Like earlier mentioned, the law stipulates that people with disability should be afforded reasonable accommodation. While this may look like a new term, reasonable accommodation consists of things like provision of interpreters, job restructuring, training material adjustment as well as modified and flexible work schedules for people with disability.

The Intricacies of Proving Emotional Damage in Personal Injury Claims

Emotional distress and mental anguish are real injuries that are suffered by accident victims. However, unlike a broken bone, there is no hard proof of emotional distress. In comes cases, insurance adjusters view emotional anguish as a ploy to get compensation from insurance companies. In light of this, even the courts at times have a good portion of skepticism when dealing with such cases. Some of the emotional trauma that can be experienced is fear, anxiety, depression, insomnia and humiliation. There are people who are terrified to drive after being involved in a grisly accident. These emotional conditions are distressing and compensable in personal injury claims. Personal injury lawyers can help victims to get compensation for psychological injuries.

It is advisable for victims to seek legal help and a case evaluation to assess the merits of their case. A personal injury lawyer will advise you on the best course of action. There are certain strategies that can be used to claim for emotional distress damages.

Intensity

Emotional distress levels differ from one case to another. The intensity of the mental trauma will weigh in heavily. The courts need a demonstration that the mental anguish was intense enough to warrant emotional distress damages. In most cases, proving such cases requires some form of bodily injury.

Duration

Given that there are no accurate parameters to measure emotional anguish, the courts will consider the duration of the emotional distress. You need to provide some proof of post-traumatic stress. The judge will consider how long the victim has been under distress and how this has affected his day to day operations. If you need to consult with a professional, Preszler Law may be able to provide you with additional information.
Other Physical Signs

To add the credibility of mental anguish, you may need to show related bodily harm. Proof of conditions such as headaches, ulcers and physical signs of anguish can be factored in. These require medical examinations.

Underlying Cause

The circumstances surrounding the case will merit whether emotional distress damages will be awarded. You stand a better chance of receiving compensation for psychological injuries if you survived a grisly accident. The courts might rule out your claim if the accident was just a rear-end collision that did not result in any physical injuries. It is best to take pictures immediately after the accident. Pictures can help bring the accident scene to life. This puts the judge in a better place to understand the impact of your emotional anguish.

Emotional Anguish and Damage caps

To reduce the number of insincere lawsuits on emotional distress, most states have a limit on how much compensation can be paid out for emotional distress, mental anguish, and other non-economic damages. These damages are often subject to state statutory caps. This is why you need legal expertise from personal injury lawyers.

Establishing an Affordable Fee Structure With Your Personal Injury Lawyer

One of the first steps individuals take when preparing to file ICBC claims after a car accident is to interview different law firms. ICBC settlements and claims can take a lot of time and effort, and you may need the expertise of an experienced personal injury lawyer to help you generate the best results from your claim. Many people, however, are concerned about the perceived high cost of legal fees, and you may be looking for a great way to keep these expenses as low as possible. These tips can help you to negotiate a great fee structure with your personal injury lawyer.

Consider the Pros and Cons of Different Methods
Most personal injury lawyers use one of three preferred rate structures. These are an hourly rate, a flat fee or a contingency fee. A contingency fee often is preferred by many clients, and this is because you will not pay a legal fee unless your attorney obtains a financial award for you. However, the contingency rate may be higher than the total compensation you would have otherwise paid with an hourly rate or flat fee. As you can see, there are pros and cons of each method to consider. A great option is to look for a personal injury lawyer that has a hybrid payment structure or that is willing to negotiate to establish this structure for your case.

Negotiate a Hybrid Rate Plan
Your personal injury lawyer will incur expenses for working on your case, regardless of the outcome. With this in mind, it makes sense to offer a nominal amount of compensation for time and overhead. Therefore, a flat or hourly rate may be used as base compensation regardless of whether the case is won or not. An hourly rate may be more fair and may encourage the professional to spend more time working on your claim. There may also be a contingency component to this hybrid rate plan that gives your attorney a nominal share of the compensation. This will further encourage him or her to strive for the best results. Because of the hybrid nature of the plan, both the base rate and the contingency rate may be reduced in comparison to a plan that only includes one type of compensation.

As you can see, there are different ways to negotiate an affordable fee structure with your personal injury lawyer. You do not want the fee structure to be so stringent that the attorney is not motivated to work on your case or so that it does not fairly compensate him or her for the level of education and experience attained. With these factors in mind, a hybrid structure may be a great option to consider. The Preszler Law Firm website has more online resources and references available.

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How Personal Injury Law Works in Canada

If you happen to become the victim of an accident, it is imperative that you seek proper legal representation if you want a fair settlement. Personal Injury Law is a complex subject that calls for extensive knowledge in insurance laws and tort. In the event of a car accident, slipping and falling, or any other mishap that may lead to personal injury, many people have no idea how much their damage is worth and end up settling for whatever the insurance company offers.

In fact, about 60 percent of personal injuries in Canada are settled without the help of a personal injury lawyer. The chances are that you are getting ripped off by the insurer if you resolve the case without professional help. But again, personal injury lawyers come at a fee, and if the claim is too small, you could actually save a few dollars by not getting a personal injury lawyer.

Types of Personal Injury Cases

The most prevalent types of personal injury cases involve medical treatment as well as pain and suffering. Medical care is always included in the settlement of a personal injury claim. It will take care of all the immediate hospital expenses, reimburse all out-of-pocket costs you may have used to get treatment, and pay for any medical procedure you may require in future as a result of the injuries. You may be qualified for compensation for all the pain and suffering you are enduring or will continue to bear for the rest of your life as a result of the injury.

Establishing the Validity of a Claim

It’s important to determine if the claim is valid or not and avoid wasting time chasing claims that will never pay out. A personal injury lawyer will tell you if filing a lawsuit against the entity or person that caused the accident leading to your injuries is the best option, or if it’s even an option at all, depending on the circumstances.

Should I Take my Personal Injury Claim to the Court or Not?

In most cases, bringing your personal injury claim to court is reserved as the last option. This is because the primary duty of a personal injury lawyer is to help the client get a fair compensation as fast as possible. However, situations vary, and sometimes it’s in the client’s best interests to take the personal injury claim to court. In this case, the personal injury lawyer will be advocating on your behalf, so it’s important that you settle for one with both knowledge and experience to do it perfectly.

If you or are a person you love is injured due to someone else’s negligent action, do not take on the financial and legal burden alone. Consult a personal injury lawyer and see if they can help you get fair compensation for your injuries. If you need to consult with a professional, Futerman Partners LLP may be able to provide you with additional information.

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