If your dismissal is deemed to be unjust, unfair or unreasonable, or was not because of a genuine case of redundancy, you may have grounds for an unfair dismissal claim. Finding yourself without a job, and for it to have happened unjustly, can be very stressful. Taking action and bringing a claim against your previous employer can help you to get the justice you deserve and set the record straight around your dismissal.
Hiring a team of experienced wrongful dismissal lawyers is always wise when you are dealing with an unfair dismissal case. With the help of a reputable and experienced unfair dismissal lawyer, you will have the support, guidance and advice you need to get the best possible outcome from your application. However, with so many different firms to choose from, it’s crucial that you do your research and choose the right legal representation to help you with your claim.
Let’s take a look at five essential questions you need to ask your wrongful dismissal lawyer before hiring them to contest your dismissal.
Can I Bring A Claim?
When emotions are running high, it can be easy to get caught up in the moment and think that your dismissal was undoubtedly unfair. When you are speaking to unfair dismissal lawyers, explain the entire situation and what happened from start-to-finish. A good lawyer will ask you for details about your income, how long you were employed, what your job entailed, the size of your employer and warnings provided by your employers. Each of these factors can have a major impact on your claim and will be important in your case.
What Is Your Experience With Cases Like Mine?
Unfair dismissal lawyers will have experience working on a number of different types of cases, covering a wide range of different circumstances. Asking them about their experience will help you to gauge if they have the necessary experience to help you with the specifics of your case. Having a lawyer who understands your case will help you to get the best possible outcome.
How Will You Proceed With This Case?
While some lawyers prefer to settle things during the conciliation phase, others are committed to bringing cases to a hearing. As every lawyer has a different approach, which will change from case to case, it’s important to ask your lawyer what he or she has in mind to get the best result from your claim. You should be comfortable with how they want to proceed before taking matters any further and be sure that you are on the same page in terms of your approach and desired outcome.
How Much Will It Cost?
When you are meeting different lawyers, one thing you will notice is that there is a range of different billing systems. Understanding exactly what the legal fees are going to cost could impact your ability to proceed with the case. Some lawyers offer a ‘no win, no fee promise, others will bill per hour and more will have a flat fee. Legal fees can add up quickly so it’s important to find out how much you will be charged before you begin.
What Are My Losses?
Even if you have an unfair dismissal case, you will need to have some actual loss to claim for. To determine damages awarded, the FWC will look into what loss has been suffered by the employee. If there is no loss, there often is no case. For example, if you got a new job after being dismissed that pays the same of more than your old job, your loss is minor at best which could prevent you from making a claim. Ask your lawyer about this in the early stages so they can advise you if there is any point in beginning legal proceedings against your former employer.
Hire The Right Unfair Dismissal Lawyer For Your Claim
Hiring the best possible lawyer for your case will give you every chance of successfully contesting your dismissal. Look for a reputable and experienced lawyer who understands the details of your case and that fills you with confidence. With the right lawyer by your side, you will have every chance of contesting your dismissal successfully.
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