If you have been fired from your employment, there is a good chance that you have been wrongfully dismissed and are owed more money.
Wrongful dismissal, also known as wrongful termination, occurs when an employer terminates an employee’s employment without providing reasonable notice or a notice period, commonly called severance pay.
Most employees are provincially regulated. Under Ontario law, employers must follow the Employment Standards Act (ESA). The ESA sets the minimum standards for common workplace issues such as maximum work hours, vacation pay, statutory notice pay, and, where applicable, severance pay.
If an employer does not follow these guidelines when making a contract with an employee and then terminates the employee, it could be considered wrongful dismissal.
The employee could be entitled to common law reasonable notice. Experienced Toronto employment lawyers at Cariati Law can fight to help you obtain your full entitlement.
If an employer follows the ESA when making a contract with an employee and then fires the employee disregarding their employment agreement, this could be considered wrongful dismissal.
If an employee is federally regulated, such as a bank employee, their employer must follow the Canada Labour Code, the federal equivalent of the ESA.
Employees may also have a wrongful dismissal claim if their boss or company discriminates, harasses, or retaliates against them.
Employees who have been wrongfully dismissed may seek damages from their employer.
Most dismissed employees will be entitled to more than these minimum amounts. Sometimes, they will be entitled to significantly more.
They will often be entitled to pay in lieu of reasonable notice, known as severance pay. Reasonable notice is determined by considerations such as the employee’s position, age, years of service, and income.
Damages can also include:
– Extended workplace benefits or payment in lieu of workplace benefits
– Lost wages and vacation days
– Unpaid bonus or commission
– Compensation for discrimination based on, amongst others, sex, race, mental and or physical disability, citizenship, pregnancy, sexual orientation, gender identity
– Compensation for harassment
– Compensation for emotional distress
– Compensation for an employer acting with bad faith and causing distress
– Compensation for damage to your reputation caused by the wrongful dismissal, including a lump sum payment
If you believe your rights under Ontario’s Employment Standards Act have been violated due to wrongful dismissal:
– Call a top employment lawyer at Cariati Law
– We’ll speak with you for free and answer your questions
– We’ll discuss your case and legal options
– An experienced Toronto wrongful termination lawyer will protect your rights
– We’ll provide advice on how best to proceed with a claim against your former employer
What are common myths about wrongful dismissal cases in Canada?
Wrongful dismissal cases can be complex and challenging legal matters, so it is common for people to need help understanding them.
Myth #1: All wrongful dismissal claims must go to court to be resolved.
Answer: This is not the case. Disputes related to wrongful dismissal can often be settled through negotiation or mediation before being brought before a judge. However, if talks fail or no other resolution options are available, going to court may become necessary.
Myth #2: A wrongful dismissal occurs when the employer was wrong to dismiss the employee
Answer: A wrongful dismissal can occur when the employer fails to pay complete severance to the employee. This is very common. A wrongful dismissal in most scenarios is unrelated to whether the employer was wrong to dismiss the employee.
An employer may dismiss an employee “for cause” in very limited circumstances, such as for willful misconduct. Otherwise, any dismissal is deemed “without cause,” and the employer must provide:
- working notice, notice of termination
- statutory notice
- where applicable, severance or
- common law notice, commonly called severance pay.
Common law reasonable notice, known as severance pay, tends to be the greatest. Additionally, the employer may owe additional damages for, amongst others:
– Unpaid bonus or commission
– Discrimination, Harassment, Emotional distress
– The employer acting with bad faith and causing distress
– The employer causing damage to your reputation
A lawyer will fight to obtain your full financial entitlement.
Myth #3: Employees cannot take legal action if they have been wrongfully terminated in a jurisdiction other than where they live or work.
Answer: An employee may pursue a wrongful dismissal case even if the violation occurred outside their province or territory. These cases have many nuances and complexities involved depending on the individual situation. They should check with an experienced employment lawyer.
Do You Have Questions About Your Job Termination?
Contact one of our top employment lawyers if you have been wrongfully terminated from your job and would like additional information about your rights.
It’s essential to seek advice from a top wrongful termination law firm. They’ll be able to provide advice tailored to your specific circumstances.
Make sure you receive the maximum compensation for any unlawful treatment experienced during your employment relationship with your previous employer.
Are there any time limits for filing a wrongful dismissal lawsuit in Canada?
Wrongful dismissal lawsuits can be filed in Canada by employees who feel their termination was unfair and unlawful.
In Ontario, an employee has up to two years from the termination date to bring a wrongful dismissal claim in court against their former employer.
Consider seeking advice from a Toronto wrongful dismissal lawyer to ensure the best outcome when filing a wrongful dismissal lawsuit in Canada.
Your employment lawyer will advise you on your options based on your situation.
– They will help you navigate potential time limits for filing such a claim.
– They have experience dealing with employee rights in Ontario.
– They know how to deal with insurance companies who try to get out of paying what you deserve for severance or other compensation related to your dismissal.
Let Us Help Make It Right
At Cariati Law, an employment law firm in Toronto, we know how difficult it is when you are fired from your job. Have you asked yourself these questions?
– How do I know if I have a valid wrongful dismissal claim?
– How do I know if the severance package offered to me is fair?
– Am I entitled to a bonus or stock options?
– Is my employment contract enforceable?
Let Cariati Law, top employment lawyers fight to protect your rights as an employee. Our top wrongful dismissal lawyers can help guide you through the process and give you important legal advice. Cariati Law, a top employment law firm in Toronto, will fight to protect your rights.
Cariati Law’s experienced employment lawyers can help advocate for you to ensure a fair settlement.
Call us for a FREE, no-obligation consultation at 905-629-8040. Or go to our website for more information. https://cariatilaw.ca/employment-law-2/