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At Monkhouse Law we have Employment Lawyers who are experts in fighting wrongful dismissal cases.
A wrongful dismissal occurs wherein an employee is terminated without cause, and without adequate notice, or pay in lieu of that notice.
Ensuring that you are properly compensated for your years with a company in the form of reasonable common law notice is a crucial step in exiting a company, as there are no guarantees that you will find a comparable position right away. For more information on defining “reasonable notice”, see our article on notice period.
Your notice period will depend on many factors including your tenure and age, and is not necessarily ‘capped’ at a specific amount: For instance in the case of Baranowski v. Binks Manufacturing Co., 2000 CarswellOnt 40, an employee of 29 years was awarded 36 months’ notice.
Additionally, there are what’s called “elongating” or “aggravating factors” surrounding a wrongful termination, which are linked to the terminated employee’s ability to mitigate their damages by finding re-employment in a comparable position. Factors such as age, or false accusations of cause have been found to increase an employee’s entitlements in this regard.
If you believe you have been wrongfully dismissed, contact Monkhouse Law to see how an employment lawyer can assist. Simply fill out the form below for a free callback from us.