Blog Employment Law May 30th, Wrongful Dismissal in Ontario By Lior Samfiru A wrongful dismissal occurs when an employer fires an employee with no advanced notice of termination or appropriate severance pay in lieu…. Areas Served in Ontario. Areas Served in British Columbia. Areas Served in Alberta. I was wrongfully terminated after 4 years on the job. They settled my case out of court and got me a very fair settlement in what I consider to be a very short amount of time. Great work!
Sean D. Their team was extremely knowledgeable, approachable and professional. I would highly recommend this firm. Gurlal Kler made my mom feel valued and respected. He understood the struggle of a 62 year old being let go without any reason. Gurlal was able to get her a year and a half of severance pay, plus the employer paid some of the legal fee. In egregious cases like this, employees might have further legal remedies available to them.
If the employment has lasted less than ninety days, no notice is required at all. After that, the notice period increases on a sliding scale:. Seasonal and temporary workers are exempted from this notice requirement, as is an employee with a written employment contract that specifies a particular period of employment. In some cases, an employer does not outright dismiss an employee but makes it impossible for the employee to continue in his or her employment.
This happens when the employer unilaterally changes the fundamental terms of employment. Common examples include pay cuts, demotions, or permanent schedule changes in drastic circumstances.
If you believe your employer has changed any of the fundamental terms of your employment, you should consult with an employment lawyer about your legal rights. In many cases, employees who have been constructively dismissed are entitled to the same compensation as employees who are dismissed outright. Unjust dismissal is prohibited under the Canada Labour Code. All employees, managers excluded, who have completed at least 12 consecutive months of continuous employment with the same employer and who are not covered by a collective agreement are protected by this federal law.
To determine what those obligations are, you first need to figure out whether you've been dismissed with or without cause. Dismissal with cause generally requires some kind of misconduct on your part as the employee. Dismissal with cause is very serious. If you are dismissed with cause, you might not be provided with any notice or a severance package.
You may also be ineligible to collect employment insurance while you search for another job. However, your employer must be able to prove that your misconduct was so serious that it was reasonable to let you go on the spot without providing fair notice. Often, this means repeated attempts by your employer to correct your behavior or a serious breach of your employment contract.
Every circumstance is different, however, so it's best to contact a lawyer to determine if your employer was justified in dismissing you with cause.
Dismissal without cause happens when your employer lets you go without any misconduct on your part. Both you and your employer have the right to end your employment at any time for any lawful reason. It could be for something as simple as just not liking you or hiring someone better suited to the position. However, your employer is required by law to give you fair notice or pay in lieu of that notice if they are dismissing you without cause.
You might be surprised to learn that your employer has the option to give you working notice of your termination, where you continue working for a specified amount of time before your employment ends. Most employers choose to terminate employment immediately and offer a severance package instead. Our lawyers will review your details and you will receive our initial no-charge response. Within the Province of British Columbia the Limitation Act imposes a time limit on claims for wrongful dismissal.
The limitation for wrongful termination, in general, is two years from the date the right to commence the action arose, and the Act requires that an action be commenced in the appropriate court within the stipulated limitation time, or the right to make the claim afterward will be permanently lost. If you are unsure about what any of this means, then please discuss the facts with us. Contact us today for a phone consultation or fill out our brief questionnaire.
Call Us Today! Original Artwork by D. Wrongful Dismissal. Employee Unfairness and Notice Most people can sense when they have been dealt with unfairly by their employer. Basics of Wrongful Termination The law in British Columbia generally allows that an employer is entitled to dismiss its employees for any non-discriminatory reason, as long as it does so lawfully.
Example of wrongful dismissal The following BC case illustrates the difference between what the legislation and the common law provide in the same case.
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