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), severance pay in the form of salary continuance, and 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 may say or do things that negatively affect your situation. There are 7 questions you should ask your employer if you have been laid off or fired, once you have that information give us a call. We offer a free 30 minute phone consultation with a member of our staff to discuss your legal options under Ontario Employment Laws.
What Constitutes Wrongful Dismissal?
There are three types of wrongful dismissal claims:
- Termination without cause, but 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 either slashing compensation or by making it impossible to continue employment as initially agreed.
Wrongful Dismissal and Just Cause, Standard for Cause and Dismissals
The standard for just cause termination is very high, watch Andrew Monkhouse explaining wrongful dismissals and just cause terminations.
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 and 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 will be entitled for all compensation that would have been paid including bonuses, car allowances payable during the notice period.
Wrongful Dismissal Claims and Legal Representation
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 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 a Wrongful Dismissal Lawyer can assist. Our primary goal is to achieve the highest level of client satisfaction by providing excellent client services and fighting for your rights.
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