Are you wrongfully terminated? Has your case been dismissed before getting to the jury? And you don’t have any idea how it got dismissed? Let’s get into the details and learn how that can happen.
Employment Lawyer in Vancouver, BC works out a substantive law that protects workers from getting wrongfully removed or discriminated against on unbiased grounds. If you have some employment issues, get in touch with a professional employment lawyer, who will legally counsel you on proceeding further.
This article reveals why your wrongful termination case gets dismissed before dealing with the jury. All these reasons will help you understand why your case was dismissed, and if the reasons don’t agree with your case, you can reopen the case.
Here are the reasons your wrongful termination case got dismissed.
1- Motion to dismiss the complaint
It is an appeal issued by the defendant in the court lawsuit to dismiss the complainant’s complaint without a whole trial. Such a motion is carried out to argue that the objection fails to state a claim for a relief grant or the complaint is defective.
If the court finds that the objection fails to claim, the motion to discharge the claim will be granted. If the complaint is proved insufficient by the court, the motion to discharge will be denied, and the case will proceed to the next stage. For such a proceeding, a Vancouver Employment Lawyer will guide you properly.
2- Motion for summary judgement
A court can grant a motion for summary judgment when pleadings, answers to interrogatories, depositions, and admission on files, along with the affidavits, show no genuine issue material fact in the case.
In this motion, a request is made by one group of the lawsuit with the court to pass a verdict in their favor without a full trial. It also proves that the moving party is permitted to judgment on the matter of law.
3- Evidence considered
For the motion of summary judgment, some pieces of evidence are considered. This evidence includes:
- Pleadings- In deciding the motion, the court will consider the pleading, like answers, the complaint and any counterclaim.
- Answer to Interrogatories- Interrogations include questions that must be responded to under oath. Thus, in deciding the motion, answers to these questions are considered.
- Deposition- Depositions are witness claims recorded under oath, which are also considered while deciding the motion by the court.
- Other documentary evidence considered by the court are emails, contracts, and written communication.
An affidavit must authenticate all this evidence before the motion for summary judgement. Get your Vancouver Employment Lawyer to proceed in the motion with proper authentication.
Parting Point
These are reasons for your wrongful termination case to get dismissed before reaching the jury.
If you need legal advice froman employment lawyer in Vancouver, Lakes, Whyte LLP will provide you with all you need. Get your legal proceeding guidance from our professional team. Contact us and get a free legal consultation now.
Nikolas Lowry is the author of this article. To know more about Litigation Lawyers in Vancouver, BCplease visit our website: lakeswhyte.com