Employment Law Practice
- Wrongful Dismissal in Ontario
- Constructive Dismissal in Ontario
- Reasonable Notice
- Severance Packages
- Cause for Dismissal
- Employment Contracts
- Independent Contractor vs. Employee
- Human Rights and Discrimination
- Sexual Harassment
- Statutory Complaints
- Non-Solicitation Agreements
- Non- Competition Agreements
- Damages for Bad Faith, Mental Distress and Personal Injury
- Personal Harassment or Bullying
- Employment Insurance Benefits
- Workplace Investigations
- Workers’ Compensation Claims
- Privacy Issues and the Workplace
- Unionized Employees and Duty of Fair Representation Complaints
- Conspiracy Claims in Employment Law
- Class Action / Mass Terminations
Damages for Bad Faith, Mental Distress and Personal Injury
Wrongful dismissal damages are meant to pay a dismissed employee the compensation that would likely have been earned had he/she remained at work during their notice period. Additional damages can also be sought depending on the conduct of the employer. Damages can be claimed for personal injury, mental distress and punitive damages.
These additional damages can be classified into the following categories:
- Bad faith dismissal;
- Aggravated damages;
- Intentional infliction of mental suffering;
- Punitive damages;
- Damages for injury to reputation;
- Negligent representation; and
- Sexual harassment.
In situations where an employer’s conduct has been so extreme or harsh, employees can claim one or more of these additional grounds for damages.
The lawyers at Whitten & Lublin have represented hundreds of matters where employees have claimed damages stemming from conduct surrounding their termination and employment and have vast experience litigating and resolving complex mental distress claims. This includes structuring settlements in a tax advantageous manner by allocating damages recovered to non-taxable general damage claims.
If you need an employment lawyer to aggressively advance or defend a claim for bad faith and punitive damages, call the lawyers at Whitten & Lublin at 416-640-2667.
For more information, read our employment law articles about Bad Faith, Mental Distress and Personal Injury and contact our office to book your consultation.