wrongful dismissal
Wrongful dismissal is a term used to describe an employer’s unlawful firing of an employee. It’s important to note that wrongful dismissal is different from termination for cause. Termination for cause is when an employee is fired because of serious misconduct, such as fraud or theft. In contrast, wrongful dismissal is when an employer fires an employee for an illegal reason such as discrimination or breach of contract.
Whilst an employer can legally terminate employees, they are still required to meet certain obligations when doing so. This is usually in the form of notice of termination (or pay in lieu of notice). When these obligations are not met, it can constitute wrongful dismissal.
An employee may be able to file a claim for wrongful dismissal in court to recover the fair compensation they are entitled to, including their base salary/wages, commissions, pension plan benefits, health insurance, and stock options. In addition, they may be able to claim damages for other items such as pain and suffering, inconvenience, and mental anguish.
How is wrongful dismissal different from termination for cause?
In a wrongful dismissal toronto, an attorney will look into whether or not the employer followed any discipline procedures specified in their employee handbook or in their employment contract, which could limit their ability to terminate. This would include any probationary periods, performance improvement plans, or disciplinary hearings that were undertaken before the termination occurred. An attorney will also review any documentation of alleged misconduct that may be present in the employee’s personnel file to help them determine if the employer’s reasons for firing them were legitimate.
The most common issue with wrongful dismissal cases is that an employer did not provide sufficient notice of termination or pay in lieu of it. This is a legal requirement based on Ontario law, and the minimum amount of notice that an employee is owed is a week for every year they worked with their employer up to a maximum of eight weeks.
Other issues that might be considered a wrongful dismissal include the use of discriminatory or illegal reasons for terminating an employee, such as age, gender, national origin, religion, or sexual orientation. An attorney will work to ensure that any such circumstances are identified and proven, as they can lead to an award for wrongful dismissal that exceeds the amount of damages awarded in the small claims or superior courts.
An unexpected job loss can be very stressful and traumatic, particularly when it comes as the result of a wrongful dismissal. Fortunately, a Toronto wrongful dismissal lawyer from Monkhouse Law can help you recover any lost wages and other compensation you may be entitled to. We have a team of experienced lawyers who are well versed in employment law, and who will take the time to evaluate your situation and advise you of your options. Contact us today to get started. We are available to discuss your case over the phone or in person. We are also able to accept most cases on a contingency basis, which means you don’t have to pay any upfront fees to secure our services.
