What Happens If You Are Wrongfully Dismissed in Canada?

Wrongfully Dismissed in Canada

Wrongful dismissal is a legal term that describes a situation where an employer terminates an employee without following the proper procedure. This typically means firing an employee without any reason or failing to give them the amount of notice or severance pay they are legally entitled to receive. If you think you have been constructive dismissal, then it is important to seek legal advice from an experienced employment lawyer as soon as possible, because wrongful termination cases have strict time limits.

Whilst most Canadian employers have the right to fire their employees with or without cause, they must give their employee the minimum notice period or severance pay before doing so. This is required by law and is designed to ensure that an employee will be able to find a new job before they lose their income.

Most employers will try to correct poor performance or incompetence with verbal and written warnings, suspensions and other disciplinary proceedings before firing an employee. However, if the employee is unable to correct their conduct or it is serious, then they can be fired for cause. For example, a restaurant owner may have cause to fire an employee if that person is rude to customers or making bad staffing decisions that negatively affect profits. Similarly, an employer may also have cause to fire an employee if they are a danger to themselves or other employees.

What Happens If You Are Wrongfully Dismissed in Canada?

The most common form of wrongful dismissal in Canada is when an employer terminates a non-unionized employee without giving them sufficient notice or severance pay. This is because most people who work in Canada are provincially regulated and thus their employers must comply with their province’s employment standards laws, which set the minimum terms for things like minimum work hours, vacation pay, severance pay and so on. It is therefore very important to get a wrongful dismissal lawyer in toronto as soon as possible if you believe that you have been unfairly fired.

Another type of wrongful dismissal is constructive dismissal toronto, which is when an employer changes working conditions to the point where they are intolerable and coaxes the employee into resigning (this is sometimes referred to as constructive termination). This can include things like refusing to allow a worker to take sick or family leave, changing job duties in a way that makes them impossible to do, reducing compensation levels, or threatening to make future promotions unavailable.

It is important to note that you can file a civil claim against your employer in the courts and/or a statutory complaint with the labour program, depending on the facts of your case. You can still file a wrongful dismissal complaint at the same time as an unjust termination or discrimination claim. Your wrongful dismissal lawyer in toronto will be able to advise you on the best course of action.

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