Under the law, an employee has the right to reasonable notice of the termination of their employment. Without such reasonable notice, they are entitled to receive adequate compensation to cover the time such notice would give. This compensation is provided to an employee in lieu of such notice and is also commonly known as severance pay.
If an employee is terminated or removed from employment without first receiving sufficient notice—or if they are not provided adequate compensation in lieu of such notice—this is known as a Wrongful Termination. Wrongful Termination is a violation of employment law. The Ontario Ministry of Labour offers helpful resources on Employment Standards of their website.
About Wrongful Termination Claims
At the center of any Wrongful Termination claim lies the establishment of what would constitute reasonable notice. In Ontario, the Court of Appeals considers several factors when determining the period of reasonable notice. They examine the employee’s age, earnings, and time on the job. They also consider the employee’s education, their specific skills, and similar employment opportunities which may be available.
Reasonable Notice, Severance, and Just Cause
An employee who has been employed for at least three months and in an indefinite employment contract is entitled to a minimum amount of notice, which can range from 1 week to several months for each year of service depending on the position, age and length of the employee’s service.
Reasonable notice is, however, not always mandatory. If an employer has limited notice within their legal rights, they have no obligation to provide reasonable notice. This is also true if an employer is able to articulate just cause for the termination of an employee.
Just cause also releases the employer from any obligation to provide severance pay in lieu of notice. Cases in which an employee has committed theft or engaged in harassment—for example—would absolve an employer from any requirement to provide either reasonable notice or severance pay.
Your Rights Under the Law
For even the largest employers, just cause and the ability to limit notice are typically difficult to prove. An experienced employment-law attorney who understands the many intricacies of an employment contract can help a terminated employee determine if they have a claim to damages under the law for Wrongful Termination.
We Can Help
If you believe you have been wrongfully dismissed from employment—without reasonable notice or severance pay—you may have a claim for damages. Call Cariati Law at 905-629-8040 for help. When you call, you will speak with an experienced Toronto Wrongful Termination Lawyer for FREE. We will investigate your case, handle all the paperwork, and manage your entire claim—so you can focus on your recovery.
At Cariati Law, our top employment lawyers will investigate every detail of your case for free. All cases are handled on a contingency fee basis—which means you pay us nothing up front. In fact, we only get paid after you do. If there is no recovery, there is no lawyers fee.
Contact one of our Toronto Employment Lawyers at 905-629-8040 for help today.
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