By: Nikki McManus
(Continued)
If you opt for the "legal" route, a lawyer specializing in wrongful dismissal cases is essential.
Finding a lawyer:
Ask around. Phone some law firms to see if they have a civil litigation specialist on staff. Get in touch with your provincial law society or bar association for a list of lawyers specializing in civil litigation, mediation, arbitration or other "advocacy" fields.
Check the library for books on the subject. "Wrongful Dismissal" by David Harris, a two-volume set published by Carswell, is good. So's "The Executive Firing Line - Wrongful Dismissal and the Law" by Brian A. Grosman.
Chenoweth, who handles some 400-odd cases a year, advises asking your potential counsel:
- What's your expertise in employment law, wrongful dismissal, sexual harassment and occupational health issues?
- How long have you been in practice?
- How many cases do you handle each year in this specialty?
- What's your success rate?
He also suggests checking:
- is the lawyer plain speaking - or a waffler that uses big words that no one understands?
- are expected costs outlined - including hourly rate, whether phone calls are charged for, what discovery, pretrial, mediation and trial costs might add up to? Is that in writing?
- is an immediate medical check-up recommended? This is vital: any pre-existing medical condition that may negatively affects future employment may be crucial in negotiating settlement
- does he or she respond to your phone calls within 24 hours?
Finally, there's the question of "fit". You must be comfortable with your lawyer's personality and style. And they differ greatly. Finally, don't look for one you think tells you everything you want to hear or who '"guarantees" winning." There's no such thing as a guarantee in this business."
During the 1980's and early 1990's, some employers offered to foot the fired employee's legal bills. That's not so common now, but it's something to think about and build into your lawsuit.
Outcome:
You may think that you'll never see the day when you think being fired was the best thing that ever happened to you. But many people ultimately do. Some become self-employed. Others branch into fields related to a key interest, talent or hobby. Still more find a job with greater potential, scope and earning power.
Finally, Chenoweth passes on a valuable piece of advice. "When you visit your lawyer's office take three goals, in writing, of what you hope to achieve. Think of why you went there in the first place.
"Everyone has different goals, including revenge, which is a goal in itself. By writing them down, those goals become a compass that helps the plaintiff (that's you) keep on track. It's an amazingly invigorating process…because you realize you've accomplished something. Write it down at the beginning and remember at the end where you came from and what you got."
Nikki McManus has been a journalist and sometime investigative reporter for more years than she cares to remember, and has written on topics that run the gamut from money laundering to how to hold a garage sale.
Get More/Do More
Quicklaw - www.qlsys.ca
Human Resources Development Canada - www.hrdc-drhc.gc.ca
Labour Code - labour-travail.hrdc-drhc.gc.ca/doc/lab-trav/eng
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