Under the Employment Standards Act, an employer does not have to give an employee reasons as to why their employment is being terminated. In most cases, if an employee has been continuously employed for three months or longer, the employer must provide the employee with written notice of termination, termination pay, or a combination of both, to terminate their employment. At times, severance pay may also be required.
There are statutory requirements under the ESA as to how many weeks of notice and, in some instances, severance, an employee is entitled to. However, in certain circumstances where an employer terminates an employee, that employee may not be entitled to notice of termination or termination pay under the ESA.
Such circumstances apply to employees terminated with cause, construction employees, employees who have been appropriately laid off, employees that refuse an offer of reasonable alternative employment and employees that have been employed for less than three months.
However, employers must be careful.This is because in addition to the employee’s statutory rights under the ESA, the employer may be liable for significant damages for failure to provide the employee with reasonable notice of termination at common law.
When Your Business is Facing a Wrongful Dismissal Lawsuit
When an employee is terminated, it is important to make fully informed decisions regarding the merit and consequences of that decision to avoid prolonged litigation. For example, if an employee is terminated for cause but cause is improperly alleged, this could lead to a wrongful dismissal claim with added liabilities.
It is important that employers are fully informed regarding whether the termination is warranted before alleging cause or taking steps in anger that may expose your business to further damages in the event of a legal proceeding.
How can Zeilikman Law help?
Our experienced lawyers understand the risks involved when terminating an employee or when dealing with a wrongful dismissal proceeding. We can help provide the legal advice and guidance needed to make fully informed decisions to determine if termination is warranted while evaluating the risks to determine the best steps to take.
In cases of wrongful dismissal litigation, our experienced lawyers can help provide the expert legal guidance needed throughout each step of the process including in negotiating a settlement with the former employee or his or her lawyer or in court.
Request a consultation today to learn more!