A wrongful dismissal occurs when an employee is terminated without cause, and without adequate notice, or pay in lieu of that notice. Notice upon termination may be provided as working notice, meaning that you continue to work up until the date of your termination, salary continuance, or severance pay offered in one lump sum.
Many employees try to deal with employment matters on their own before involving an employment lawyer. However, what you say or do may negatively affect your situation. Before signing a severance package or termination documents, it is important to understand your legal rights.
Monkhouse Law represents employees in Toronto, throughout the Greater Toronto Area, and across Ontario. We offer a free 30-minute phone consultation to discuss your situation and explain your options under Ontario employment law.
What Qualifies as Wrongful Dismissal?
There are three common types of wrongful dismissal claims:
- Termination without cause, where the employer refuses to pay the employee adequate compensation;
- Inappropriate for cause termination, where the employer fails to pay the employee any compensation for the termination; and
- Constructive dismissal, where the employer fundamentally alters the terms and conditions of employment by slashing compensation or making it impossible to continue employment as initially agreed.
Wrongful Dismissal and Severance Pay
One of the outcomes of a wrongful dismissal action is to ensure that you get the appropriate severance package for your years with the employer. It is very important not to sign off on the severance offer right away, but first consult with an employment lawyer.
Your severance pay will depend on many factors, including your tenure and age, and is not necessarily capped at a specific amount. Generally, you may be entitled to compensation that would have been paid during the notice period, including salary, benefits, bonuses, commissions, and car allowances where applicable.
Additionally, there are what are 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 may increase an employee’s entitlements.
Why Hire a Wrongful Dismissal Lawyer After Being Fired?
Many employees try to negotiate directly with their employer after being terminated. However, employment law can be complex, and what you say or do may affect your legal rights. In this video, Toronto employment lawyer Andrew Monkhouse explains why obtaining legal advice early can help protect your interests and improve your chances of receiving fair compensation.
Looking for more information about your legal rights after a termination? Read our guide, Wrongful Dismissal in Ontario: Know Your Rights, which explains wrongful dismissal claims, severance pay, time limits, and the steps employees can take after being terminated.
If you believe you have been wrongfully dismissed, contact Monkhouse Law to see how a wrongful dismissal lawyer can assist. Our primary goal is to achieve the highest level of client satisfaction by providing excellent client service and fighting for your rights.
Contact us today for a free 30-minute phone consultation.