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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!
Taman Singh is a lawyer with RZCD Law Firm LLP. A law firm serving the Greater Toronto Area since 1993.
Here to help you when you need it the most.
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:
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.
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” 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.
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!
Call Us NowIf 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.
Call us now if you have been terminated.Let us help you get the compensation you deserve.
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