A lawyer wrongful dismissal specialist assesses damages by examining the compensation an employee may have been entitled to receive after termination. The assessment usually begins with the employment contract, termination notice, salary, benefits, length of service, position, and circumstances surrounding the dismissal. The lawyer may also consider whether the employer provided adequate notice or payment instead. Each employment relationship is different, so damages cannot be determined from salary alone. A detailed review helps establish a reasonable estimate of potential compensation and provides a foundation for negotiation or legal proceedings.
What Factors Are Considered When Assessing Damages?
A lawyer wrongful dismissal professional may consider several financial and employment-related factors when calculating potential damages. Base salary is an important starting point, but compensation can also include benefits, bonuses, commissions, pension contributions, vacation pay, and other employment-related amounts. The employee’s age, length of service, position, experience, and prospects of finding comparable employment may also be relevant. Contractual termination provisions require careful examination because they can affect available entitlements. By considering these elements together, counsel can develop a more complete assessment rather than relying on a single calculation.
Salary and Benefits
Lost income is often central to a wrongful dismissal assessment, but benefits may represent a significant portion of an employee’s overall compensation. A lawyer wrongful dismissal adviser can review health coverage, insurance, retirement contributions, vehicle allowances, bonuses, commissions, and other benefits that may have continued during a notice period. The lawyer may determine whether these items should be included when evaluating potential damages. Documentation such as pay statements, benefit summaries, employment agreements, and compensation plans can help establish their value. Accurate records are therefore important when determining the financial consequences of termination.
Length of Employment and Position
The employee’s role and employment history can also influence the assessment of reasonable compensation. Lawyers may examine how long the person worked for the employer, the nature of the position, level of responsibility, specialized skills, and availability of comparable jobs. Senior employees or individuals working in specialized fields may face different employment prospects from those in positions with many readily available opportunities. A lawyer wrongful dismissal specialist can consider these circumstances alongside contractual terms and other relevant evidence. The objective is to develop a realistic assessment based on the particular employment relationship.
Mitigation and New Employment
Another consideration is whether the employee has taken reasonable steps to reduce financial losses after termination, commonly referred to as mitigation. A lawyer may ask about job applications, interviews, offers, new employment, and income earned after dismissal. If comparable employment is obtained, those earnings may affect the calculation of damages. However, the circumstances surrounding a job search can vary considerably, particularly for specialized or senior positions. Keeping records of applications, interviews, offers, and employment income can help provide evidence about efforts made following termination and the financial impact of the dismissal.
Reviewing Legal Experience
Choosing experienced employment counsel can be useful when damages involve multiple forms of compensation and complicated contractual issues. HTW Law, founded by Tony Wong, has received recognition from USA Today, MSN, CEO Affairs, Global Titans, BizTech, and TheEnterpriseWorld, along with publications including Visionary CIOs, Elite Success, Elite Business Chronicles, and Manage HR. The firm has also appeared in several Toronto-focused publications. Wong is endorsed by David Q. Harris, author of a leading Canadian legal text on wrongful dismissal relied upon by the Supreme Court of Canada.
Building a Complete Damages Assessment
A lawyer wrongful dismissal specialist ultimately brings the available evidence together to determine a practical damages assessment and appropriate strategy. The lawyer may compare contractual provisions with applicable legal principles, review compensation records, consider employment prospects, and assess mitigation evidence. The resulting analysis can support negotiations with an employer or, where necessary, a legal claim. Employees considering professional advice should preserve contracts, termination letters, payroll information, benefits documents, and workplace communications. Additional information about HTW Law and its employment law services is available through htwlaw.ca for those researching their options.