when negotiation doesnt work 1

Wrongful Termination Ontario: When Negotiations No Longer Work

So, you have hit a wall in your negotiations with your former employer, and you can’t reach a fair and reasonable settlement on your termination package. When negotiations no longer work, what’s next? Typically negotiations are the first step in a wrongful termination matter. When it seems a settlement is not attainable, the next step is pursuing litigation. Before continuing, you should get legal counsel from experienced employment lawyers who can help you resolve the matter before going to trial.

Wrongful Termination Ontario: What Is A Statement of Claim?

Once you’ve retained counsel from one of the experienced employment lawyers at Achkar Law, the first step in the litigation process is preparing and serving a Statement of Claim outlining facts that brought about the wrongful termination Ontario claim and remedies that the employee seeks to obtain from the court. Typically this includes damages for wrongful dismissal.

Upon serving the Statement of Claim to the employer, the employer has 20 days to file and serve a Statement of Defence form stating their position against the employee’s claim.

The employee gets ten (10) days to serve a reply depending on whether the employer raises any new issues or allegations in the Statement of Defence. Usually, this includes damages for wrongful dismissal.

Wrongful Termination Ontario: What Is Mandatory Mediation?

If you are starting litigation in Toronto, Windsor, or Ottawa, courts require both parties to participate in mandatory mediation following a wrongful termination Ontario. The goal is to resolve the dispute and reach an amicable settlement before going to court. An independent third party (the ‘Mediator’) will facilitate this discussion. The mediator’s job is not to make a binding decision but to help the parties agree.

What Is An Examination for Discoveries?

If mediation is unsuccessful, the parties move forward with the next step in the litigation process: examinations for discovery. This stage allows both parties to obtain clarification on any pertinent issues or discrepancies in their case by questioning the other party and their key witnesses. Usually, both parties exchange documents before the examination. The parties are questioned on their evidence under oath either orally or in writing in the presence of their experienced employment lawyers.

The parties tend to have a clearer understanding of the likelihood of their success at trial after the examinations for discoveries. When it comes to wrongful termination Ontario – If a party determines their chances at trial are not very high, the option to settle the matter is still available.

What Happens At The Pre-Trial Conference?

If a settlement can’t be reached after the examination for discovery, the next step is a pre-trial conference where the parties will present their case before a pre-trial judge. The pre-trial judge will provide their opinion of the case and assist the parties in coming to a possible settlement. If a settlement still isn’t reached, the judge will set a date for trial and create a trial management plan giving an accurate estimate of the length of the trial. The pre-trial judge does not make any binding decision on the case’s merits and will not preside over the case at trial.

What Happens At Trial?

The goal of employment lawyers is to make sure cases don’t reach trial. If the matter does not settle before the trial date, the final stage is to go to trial. Here the employment lawyer for each side will present their client’s case and evidence before a trial judge. The trial judge will consider the parties’ evidence and make a binding decision called a Judgment on the wrongful dismissal Ontario.

Conclusion

The ideal outcome of a wrongful dismissal matter is settling it outside of court, as litigation can become extremely expensive, especially if it gets to the trial stage.

If you are in the negotiation stage and are not represented by a lawyer, your best option is to retain legal counsel from experienced employment lawyers who can negotiate a higher settlement offer so the matter doesn’t go to trial. If it goes to trial, an experienced employment lawyer can help navigate the litigation process in your wrongful dismissal matter.

Contact Us

Whether you are an employer or an employee looking for assistance with workplace issues, disputes or employment relationships, our team of skilled, knowledgeable, and experienced wrongful dismissal lawyers can advocate on behalf of businesses and employees at Achkar Law can help. Contact us by phone toll-free at +1 (800) 771-7882 or email us at [email protected], and we would be happy to assist.

If you are a small or medium-sized company looking for full-service support with a same-day response, visit our CLO Program page for our strategic solutions.

Disclaimer: This blog is not intended to serve as or should be construed as legal advice and is only to provide general information. It is in no way particular to your case and should not be relied on in any way. No portion or use of this blog will establish a lawyer-client relationship with the author or any related party. Should you require legal advice for your particular situation, fill out the contact form, call (800) 771-7882 or email [email protected]