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Labour & Employment Law Blog

Wrongful Dismissal in Ontario

Zeilikman Law

Zeilikman Law

If you are facing a wrongful dismissal in Ontario, you may have feelings of isolation and confusion. Many questions come to mind when dealing with this stressful situation. Were you fired for a just reason? What severance pay will you receive, if any?

If you believe that you were wrongfully dismissed from your employment or that you have not been compensated according to your contract continue reading to find tips and solutions.

What is wrongful dismissal?

Wrongful dismissal is when an individual is terminated without being provided with proper notice of a dismissal. This is something that occurs quite often so it is especially important to review the fine print in your contract, if one exists, or reach out for professional help to ensure that your dismissal is ethical and fair.

If you are terminated with a cause, an employer is not required to provide you with a severance package, subject to certain statutory requirements. However, a cause is much more specific than you might think. For instance, examples of a cause for which to be terminated are wilful negligence, fraud and assault.

What am I entitled to?

The topic of payment after termination can be quite confusing. Especially when it considers the time period of pay that you are owed. Quite commonly if you are wrongfully dismissed, you may be owed common law reasonable notice of termination which is based on a variety of factors such as your age, length of service, character of employment, etc.

In order to make sure that you are taking the proper steps to making this claim, contact a professional who can explain your situation in much more detail. This way, you can ensure that you are getting what you deserve, and you have legal representation to back you up.

What do I do now?

If you are in this scenario, it can be quite intimidating. However, in order to go about this in the most effective way possible, you must be patient and organized. Whether you are presented with a termination package or dismissed with cause, don’t sign anything on the spot and insist on the opportunity to obtain legal advice.

The most important step to take is to speak with a professional. If you or anyone you know is experiencing a wrongful dismissal do not hesitate to request a consultation or call us at 905-417-2227 to get your answers.

 

The above article is for general information purposes only, does not constitute legal advice or create a solicitor-client relationship. Because each case is unique and factually driven, if you have concerns with regard to the foregoing issues, please make an appointment with one of our lawyers or a qualified legal practitioner elsewhere. We represent clients in the Greater Toronto Area including Toronto, North York, Markham, Vaughan, Thornhill, Newmarket, Aurora, Brampton, Mississauga, Barrie, Ajax, Whitby, Pickering and Oshawa.