When employees are wrongfully dismissed, harassed at work, or discriminated against, they may be entitled to compensation. A Mississauga employment lawyer can help determine whether monetary damages are available in a specific case and what type of compensation may be pursued.
These damages can play a crucial role in helping an employee recover financially and emotionally from the harm caused by an employer’s misconduct.
Types of Damages You Can Claim
In employment law cases, monetary damages typically fall into one of several categories. These categories differ on several grounds. Therefore, you need to understand them clearly to get the best compensation.
Wrongful Dismissal Damages:
These are the most common type of damages and relate to the income and benefits an employee would have earned during the reasonable notice period if they had not been wrongfully terminated. Courts consider factors such as the employee’s age, position, length of service, and the availability of similar employment when determining this amount.
Severance Pay:
In some cases, employees may also be entitled to severance under the Employment Standards Act if they have worked for a certain period or if the employer meets specific financial thresholds. This is in addition to damages for reasonable notice.
Human Rights Damages:
If an employee has been subjected to discrimination or harassment based on protected grounds (such as race, gender, disability, or age), they may be entitled to compensation for injury to their dignity, feelings, and self-respect. These awards are made through the Human Rights Tribunal or in civil court, depending on the circumstances.
Aggravated or Punitive Damages:
When an employer’s conduct is particularly harsh or vindictive, the court may award additional damages. Aggravated damages compensate for mental distress, while punitive damages serve to punish egregious behaviour and deter future misconduct.
Factors That Influence Compensatory Damages
Damages in employment discrimination cases come in different forms. Each of these formats is different from the others. However, having only a partial understanding of the variations will not take you anywhere.
Claiming compensatory damages in a workplace is not a simple incident. Understandably, many caveats can come into play. Therefore, having a clear sense of how to navigate through those can be quite difficult, to say the least.
Here are the factors that damages in employment discrimination cases can be influenced by:
Severity Of Violation
One of the first factors that might affect the compensation package is the severity of the situation. If the damage is serious, like assault, harassment, racial discrimination, sexism, etc., then the compensation would be equally higher.
The court of law primarily decides the severity of the situation. As per the court of law, the severity is defined by the effect a situation might have had on a person’s psyche or body. Therefore, obtaining legal aid that can effectively convey the severity to the court is quite imperative.
Employee Losses & Expenses
Employee expenses and losses play a crucial role in determining the damages in employment discrimination cases. Some of the recognised losses a person might face in the event of such incidents are:
- Emotional distress caused by a workplace incident.
- Medical expenses that an employee incurred due to such incidents.
- Lost wages due to prolonged absence following a workplace incident
- Related expenses that helped the employee to cope and recuperate.
The court would assess all these points and determine whether an employee is eligible to receive any form of damages from the court.
Conduct & Intent
In such proceedings, the employee who might have filed the case would also be under scrutiny. The law would indiscriminately assess the employee’s, as well as the employer’s, intent. This is done to gain a broader perspective. For this, the court would look at three key factors:
- The employer’s knowledge of the wrongful conduct.
- The employer’s failure to respond effectively to the situation.
- Whether the employer intends to malign or harm an employee.
The general procedure for establishing conduct and intent is to assess the severity first, then determine the losses, and finally establish the intent and conduct. This whole process is followed to determine the compensatory package.
How to Maximize Damages in Employment Discrimination Cases
You will not receive the largest compensatory check simply because you feel you deserve it or have been wronged. Law is objective and only responds to credible evidence and casework. Although we will provide pointers to help you handle such cases, we advise against taking the DIY route.
Please hire a professional who understands the relationship between employee damage and compensation. Still, we’ve got you when it comes to legal guidance. Here are some of the things that can help you maximize damages in employment discrimination cases.
Documenting The Expenses
First things first, you need to support your claim with sufficient empirical evidence. By that, we mean you need to present numerous documents that attest to the problem you faced. To do that, you need:
- Always keep a detailed record of the lost wages and benefits you may have incurred.
- Maintaining a detailed record of the medical expenses or other related expenses that you had to bear.
- Documenting emotional stress and other forms of non-tangible damages, like damage to reputation.
However, the documentation needs to be detailed and authentic. Subsequently, do not forge documents. That will surely land you in trouble.
Presenting Evidence
The next half of the job is to present all the recorded documents. The presentation is equally important as procuring it. This is where a professional would certainly shine the best. Speaking in the courtroom or in front of a governing body can be taxing.
Hence, please consult a professional or a learned counsel who can help you get the job done wth more sense of clarity. Otherwise, an employee has the right to represent themselves in times of need.
Your Legal Guide: Preparing For The Grind
Getting appropriate damages in employment discrimination cases is no less than a rollercoaster ride. There are so many factors that come into play. However, keeping a level head and going through the process with a calm mind is an equally challenging task.
Therefore, above everything else, prioritize your mental health. That will have the best payoff compared to any paychecks that you might receive. Just as we urge you to talk to a legal professional. In the same way talk to someone who can help you mentally as well.
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