Wrongful Dismissal in Ontario: Know Your Rights

Losing a job is a stressful experience, but it can be even more difficult if the termination was wrongful. In Ontario, employees have rights that protect them from unjust dismissal, and understanding these rights is the first step toward seeking justice.

What Is Wrongful Dismissal?

Wrongful dismissal occurs when an employer terminates an employee without providing adequate notice or compensation as required by law or the terms of the employment contract. It doesn’t necessarily mean the termination itself was unlawful; rather, it’s about whether the employer followed proper procedures and provided fair compensation.

Key Aspects of Wrongful Dismissal

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(1): Failure to Provide Notice: The Employment Standards Act sets minimum requirements for notice periods or pay in lieu of notice. However, under common law, employees may be entitled to a much longer notice period, often determined by factors such as:

• Length of employment

• Age of the employee

• Nature of the role

• Availability of similar employment opportunities

(2): Constructive Dismissal: This occurs when an employer makes significant changes to an employee’s job without their consent, such as reducing pay, changing job duties, or creating a toxic work environment. These changes can force the employee to resign, which is treated as a termination under the law.

(3): Breach of Contract: If an employment contract specifies termination terms, the employer must adhere to them. Failure to do so may result in a wrongful dismissal claim.

Seeking Legal Recourse

If you believe you’ve been wrongfully dismissed, you have the right to pursue legal action. Here’s what you can do:

(1): DocumentEverything: Keep a record of termination letters, emails, and othercommunications. Document any relevant incidents, including changes to your roleor workplace conditions.

(2): Consult anEmployment Lawyer: A lawyer specializing in employment law can helpassess your case, determine your entitlements, and guide you through the legalprocess.

(3): Negotiate aSettlement: Many wrongful dismissal cases are resolved through negotiation, wherethe employer agrees to provide compensation to the employee.

(4): File a Claim: If negotiationsfail, you can file a claim in court. Depending on the circumstances, you may be entitled to compensation for lost wages, benefits, and even damages for bad faith conduct.

Why Legal Advice Matters

How an Employment Lawyer Can Help Your Case?

Wrongful dismissal cases can be complex, particularly when determining what constitutes reasonable notice under common law. Employers often offer severance packages that fall short of an employee’s legal entitlements, and without expert advice, employees may unknowingly sign a release and accept less than they deserve. This constitutes a violation of employee’s rights, but the law, through the guidance of an experienced employment lawyer, provides pathways to not only understanding your rights, but also achieving the best outcome possible in the fight for fair compensation.

Free Consultation with Ottawa Employment Lawyers

If you think you have been wrongfully dismissed and want to explore your options going forward, reach out to our team of experienced Ottawa employment lawyers for a free consultation. Randy Ai Law Office can be contacted at (343)321-0800 or fill out the contact form.