Have you just faced an unfair termination by your employer? Were you fired for objecting to unethical or unsafe behaviour?
Many such cases arise where an employee may be fired for any random reason or no reason at all. However, for such wrongful dismissals or misconduct, laws are in place.
This is not an isolated case of illegal termination; it happens almost every day. Getting fired from the job can happen even when it’s not your fault. Termination due to personal grudges or the employer’s fault is considered wrongful dismissal. Wrongful termination is one of the most common types of employment disputes.
To handle such cases, Employment laws in Canada do their work. It protects employers and employees, but if you think you were terminated without any cause, you may be experiencing wrongful dismissal. During this, an experienced attorney can help you get a thorough knowledge of your rights and get the right compensation. So, let’s explore what this article has for you.
What is Wrongful Dismissal?
In Canada, most employees are considered to be employed under common law employment and are entitled to receive reasonable notice if terminated without any reason. A wrongful dismissal occurs when:
- The employee is dismissed without receiving proper notice or severance.
- The employer did not have just cause for the termination.
- The employer breached an employment contract or workplace policy.
This is different from constructive dismissal, where your employer has taken away enough of your responsibilities. In this situation, you were left with no choice but to resign. Both situations may allow you to recover damages.
Common Indicators of Wrongful Dismissal
Determining whether you have been wrongfully dismissed may not be easy and will depend on the facts of your case. Below is a list of indicators that you may have a case:
1. You were terminated without notice or a reasonable severance package.
- The termination took place after enhancing workplace complaints or raising concerns.
- Another reason can be discriminatory grounds (age, gender, race, etc.)
4. Your employer terminates you for “just cause”, without any meaningful investigation. - You were coerced into resigning or signing a release without any understanding of its terms.
If any of those situations apply to you, then you would be wise to consult with a wrongful dismissal lawyer.
Canadian Employment Law: A Brief Overview
In Canada, employment law can vary slightly from province to province but the law is uniform. It is similar in terms of common law, employment standards legislation, and human rights laws. The laws address and protect employees from being terminated unfairly.
For example:
- The Employment Standards Act (ESA) in Ontario is the provincial law that sets the minimum amount of notice and severance that employees are entitled to.
- Human Rights Codes prohibit discrimination for personal characteristics such as race, religion, disability, or gender.
- Common law often provides substantially more severance than the minimum amounts listed in ESA law.
With all these laws in play, it’s helpful to get advice from a wrongful dismissal lawyer to help you figure out your actual legal entitlements.
When You May Need a Wrongful Dismissal Lawyer
There are many reasons to consider hiring a wrongful dismissal lawyer in Canada:
- Understanding Your Legal Rights
Employment law can be confusing to interpret, especially when you are feeling emotional or stressed. A wrongful dismissal lawyer will break down your legal entitlements and explain the potential options.
- Maximizing Severance Pay
Employers typically will provide the least amount of severance to employees who meet the minimum amount allowed by provincial legislation. A wrongful dismissal lawyer can help you negotiate a fair severance amount, taking into account the length of service, age of the employee, position, and employability moving forward.
- Resolving Legal Issues
Was your termination discriminatory? Was it retaliatory? An attorney will be able to answer the question of whether your situation might involve a human rights violation or breach of contract.
- Representation in Negotiation or Court
If your conversations stall completely or become antagonistic or aggressive, your attorney can negotiate for you, mediate the dispute, and engage in litigation. This will protect your interests and your odds of success.
- Document Review
Never sign a release or severance agreement without a lawyer looking it over. You may similarly be handing over your right to take action legally ever again.
When you may not need an attorney
Not every termination leads to a wrongful termination suit. If you were:
- Provided proper notice and severance as per both your contract and common law
- Laid off properly in accordance with legal requirements, legitimate business reasons
- Treated fairly, and your employer took all the right steps
You may not find yourself in need of hiring a wrongful dismissal attorney. Nevertheless, most of the time, lawyers provide free consultations. It may be worth a lawyer’s perspective before signing anything even if you do not take the plunge to hire a lawyer.
Selecting The Right Wrongful Dismissal Attorney in Canada
When choosing a lawyer, keep these points in mind:
- Experience: Look for a lawyer who specializes in employment law.
- Reputation: read reviews and testimonials.
- Fees: Know whether the lawyer charges hourly or contingency fees.
- Accessibility: You want a lawyer who clearly communicates and listens to your issues.
A lawyer with experience can help ensure that your case is dealt with in an efficient manner. They also ensure that you receive your order through settlement or through the courts.
Can I sue my employer for wrongful dismissal?
Yes. You can sue for damages that include your lost wages, benefits, and, if your employer acted in bad faith, punitive damages.
How long do I have to file a wrongful dismissal claim in Canada?
Most provinces offer a period of up to two years from the date of the dismissal to file a wrongful dismissal claim.
Will a wrongful dismissal attorney guarantee compensation?
There is no attorney who can guarantee you anything, but the presence of an attorney highly influences the outcome of severance negotiations or a successful claim.
Closing Thoughts
Being dismissed can often feel like the worst personal and financial crisis imaginable, but you do not have to go through it on your own. A wrongful dismissal attorney can provide perspective, guidance, and legal assistance to make sure you are treated fairly in accordance with Canadian law. Even if you think you don’t have a strong case, it may be helpful to meet with an attorney to learn more about your rights and make an informed decision.
Tips: Knowledge equals power. Don’t sign away your rights without being fully informed of what you are entitled to.
