There is the possibility of a wrongful dismissal or wrongful termination where a person’s employment has been terminated without reasonable notice of termination. Where wrongful dismissal is present, the individual may be entitled to compensation.
An employer does hold the right to terminate an employee provided that there is reasonable notice to the employee of the employer’s intention. Thus, unless “just cause” for dismissal is established, there are implied terms in contracts of employment that protect the employee against wrongful dismissal by requiring proper notice, payment, or a combination thereof, by the employer.
Has there been a wrongful dismissal?
Wrongful dismissal is a term that is often misunderstood, in the sense that it does not always merely arise when a person’s employment has been terminated. Wrongful dismissal usually occurs through the following situations:
Where an employer terminated the employment and improperly alleges cause, while failing to provide the employee with reasonable notice of termination
Where an employer has terminated the employment without cause and has refused or failed to provide the employee with reasonable notice of termination; or
Essentially, wrongful dismissal occurs where a person has been terminated without notice for any reason, other than “just cause.”
The Employee’s Entitlements
Where a Court finds wrongful termination at common law, the employer could well be liable to the former employee for certain economic consequences incurred during the period the court determines is reasonable notice of termination. An employee that has been wrongfully terminated is entitled to pay in lieu of reasonable notice which would consist of all entitlements the employee would have been eligible for but for his or her termination, such as bonuses, pay increases, etc. More often, however, employees are entitled to what is colloquially referred to as a “severance package.”
Employees are also entitled to their legal rights established under statutory regimes, including Ontario’s Employment Standards Act, which speaks to requirements for notice periods and severance pay entitlements, among other things.
How can Zeilikman Law help?
Each individual’s case is specific to his or her circumstances. Where you have experienced a wrongful termination, or to determine whether you may be entitled to receive compensation, contact one of our experienced lawyers today to discuss your options.
At Zeilikman Law, we approach these issues with logical and creative solutions. Our lawyers are professional, friendly, and determined. We have the know-how to navigate through the psychology of any given dispute.