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Have You Been Terminated?

Do Not Sign Anything Till You Speak To A Lawyer. Let Us Help You Get The Compensation You Deserve.

A dismissal is wrongful if:
1. the employee is terminated for “cause,” but the “cause” stated is unjustifiable; or
2. the employee is terminated without cause, but the employer fails to provide reasonable notice of termination.

In other words, wrongful dismissal happens when an employee is terminated by their employer without being given reasonable notice.

The termination notice can be provided in the form of working notice (meaning you continue to work up to the day of your termination), severance money in the form of salary continuation, and severance pay paid in one go.

Before signing any termination agreements it is critical that you are informed about your rights and entitlements.

If you have been terminated, contact us right away so we can assist you in getting the compensation you deserve!

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  • Learn About Your Legal Rights and Entitlements
  • Get The Compensation You Deserve

 

Taman Singh is a lawyer with RZCD Law Firm LLP. A law firm serving the Greater Toronto Area since 1993.

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What is Wrongful Dismissal?

When an employer terminates an employee’s employment, the employer must do so either with cause or with proper notice of termination.

If neither of the conditions mentioned above are met, the employer has wrongfully terminated the employee’s employment, and the employee is entitled to compensation in lieu of reasonable notice of termination. The objective of having notice of termination is to provide an employee a fair amount of time to pursue other similar employment. During the notice period, the employee may be eligible for all employment benefits, including salaries, vehicle allowance, and pension contribution, among others.

The length of the notice period is decided on the factors that have been proven to impact the amount of time it would take an employee to obtain identical alternate work, including but not limited to:

  • length of service;
  • age;
  • the nature of the employment; and
  • the availability of similar employment.
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Employers may claim that they have cause to fire employees and hence do not need to issue a termination notice. However, this argument often has faults, and as a result, a court may ultimately decide that the employer did not have cause for termination.

Even if the employer has a good reason to terminate the employment for cause, the termination may not be attributed to willful misconduct, in which case the terminated employee may be entitled to termination and severance compensation under the Employment Standards Act, as well as Employment Insurance benefits.

Depending on the circumstances, the employee’s termination might be considered discriminatory, harassing, or a failure to accommodate under the Human Rights Code. It might also be construed as retaliation for the employee’s attempt to pursue a statutory entitlement.

Before signing any termination agreements, it is important that you are informed about your rights and entitlements. Let Us Help You Get The Compensation
You Deserve.

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What is Notice?

The level of advanced warning that an employer must offer a terminated employee is referred to as notice. It is measured in time units. The employer can issue any of two types of notice:

  • working notice; or
  • payment in lieu of notice

“Working notice” is when an employee is terminated but is required to continue working (and being paid) until a certain date after termination.

“Pay in lieu of notice” is also known as “termination pay” or “severance” in some situations. It is the amount of money that the employer must pay the employee if the company wishes to dismiss the employee immediately without providing working notice.

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There are two types of notice: statutory notice and common law reasonable notice.

  • Employees may be entitled to both types, whichever is larger but must get a statutory notice at the very least.
  • Statutory notice is the minimal amount of notice that an employee must receive under government legislation.
  • In most cases, common law reasonable notice is more lucrative than statutory notice. Some employers impose a fair notice period or include a rule in employment contracts to limit common law reasonable notice. Employers are not permitted to limit statutory notice.
  • According to common law, it is a wrongful dismissal if the employer provides less than reasonable notice unless it is stated in the employment contract.

Even if any termination clause in the employment contract puts a limit on the reasonable notice, an employment lawyer may be able to prove that termination clause as void or unenforceable.

It is important that you are aware of your rights and entitlements before you sign any documents upon termination. Contact Us Now So We Can Help You Get The Compensation You Deserve!

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I have been wrongfully dismissed. What can I do?

If you or someone you know has been wrongfully dismissed, our lawyers can help you at every step. We work tirelessly to help you. We try to reach an agreement without going into litigation. This is usually possible, and issues may be resolved quickly, sometimes within a few months. However, when litigation is required, we are strong efficient, and we are well-respected in the legal world for our competence.

In case you are wrongfully terminated, Do not sign the Severance Offer

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When you are fired, your employer may present you with a termination agreement to sign. They may also provide you with a severance package with a very strict timeline. Do not sign anything until you have spoken with an employment lawyer. We provide consultations to clients who have been fired and need to review their severance package.

  • If you have been fired, you should document what happened in as much detail as possible, Memories fade, so try to note down all the things.
  • Try to arrange your documents. Look for your employment contract, any emails or messages you may have received about workplace problems, and performance reviews (both positive and poor), and other paperwork. Documents, specifically employment contracts, are essential in evaluating what you may be entitled to.
  • contact an employment lawyer as soon as possible. Most termination packages are starting offers, not final offers, which means that most employees are entitled to more pay than their employers initially provide.

Call us now if you have been terminated.Let us help you get the compensation you deserve.

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    FAQ'S

    A wrongful dismissal occurs when an employee is fired or otherwise terminated by their employer without being given reasonable notice. Working notice (meaning you continue to work up to the day of your termination), severance money in the form of salary continuation, and severance pay paid in one lump amount are all options for termination notice.

    It depends on the situation.

    • Several examples of employers behaving in “bad faith” throughout the procedure of termination have been found by Ontario courts, and the terminated employees have been given extra damages as a result. Before agreeing to any agreements, any employee facing termination, for cause or otherwise, should take the advice of a professional employment lawyer, especially if they believe their employer is not behaving in good faith.
    • If you feel your employer behaved in bad faith at the time of your termination and are looking for legal advice on available remedies, call Taman Singh Law.

    Employers in Ontario are not required to offer a reason for ending an employment relationship; however, under Ontario’s Employment Standards Act, an employer is required to provide the employee with reasonable notice.

    An employee may choose to file an unfair termination claim against their company. Having said that, it is important to note that a claim for wrongful dismissal filed with the court and a claim with the Ministry of Labour cannot be submitted at the same time.  As a result, before deciding which choice is best for your situation, you should carefully consider your options. If you have been fired and are seeking legal advice to identify the best plan of action for you, please contact Taman Singh Law.

    “Wrongful dismissal” refers to any incident in which an employer intentionally terminates the employment of one or more of its employees without providing them with their legal rights. These rights include reasonable notice or pay in lieu, as well as, in some situations, severance pay.

    “Constructive dismissal” refers to a situation in which an employer does not intentionally terminate an employee’s employment, but acts in such a way that the employment contract is cancelled or the employee is placed in an uncomfortable working place.

    “Unjust Dismissal” refers to a particular option in the Canada Labour Code available only to workers of federally regulated workplaces who have completed at least 12 consecutive months of continuous employment with the same employer and believe their dismissal was unfair. Telecommunications, transportation, and banking are examples of federally controlled businesses.