Wrongful Dismissal and Your Rights

If you are wrongfully dismissed, your biggest worries may be financial. You need practical solutions, not long, drawn-out lawsuits. As an Employer, it is in your best interests to avoid costly, wrongful dismissal lawsuits. At Creighton Law LLP, we strive to help you during this time by resolving issues relating to the termination of employment.

Wrongful dismissal does not mean that an Employee has been let go without a good reason, because Employers are allowed to end the employment without cause. However, Employers do have a number of obligations toward Employees.

Our Employment Lawyers will go over possible routes to achieve a reasonable and just result in your case.

Reasonable Notice

When an Employee is terminated, and in the absence of just cause, the Employee must be given reasonable working notice or pay in lieu of notice. If the Employee is given working notice, then the Employee must be allowed to continue with the same job as before, and with the same compensation, including benefits, commissions, bonuses and scheduled salary increases.

How much notice an Employee receives depends on a number of factors, including:

  • Length of employment
  • Training and experience
  • Background factors, including age, training, education and experience
  • Inducement to leave another job
  • Likelihood of finding an equivalent job

Termination Clauses

Sometimes Employers limit their obligation to give notice by including a termination clause in Employment Contracts, limiting Employees to the notice period stated in the Employment Standards Act. This is often much less than what an Employee may receive at common law. Sometimes these clauses are not enforceable.

Other Considerations

Our Employment Lawyers will also discuss:

  • Severance Packages: We will review severance packages to determine if they are adequate. Severance packages often include a requirement that the Employee sign a release of liability.
  • Just Cause: If an Employee has been fired for just cause, the Employer does not have to provide notice or pay in lieu of notice.
  • Mitigation: The Employee has a duty to try to find alternative employment. However, the Employee does not have the obligation to accept a job that pays significantly less, or is very different from the last job.
  • Bad Faith: If the Employer mistreated the Employee during the termination, the Employee may be entitled to damages. Examples include being accused of fraud or harassment without reason, or being fired in a publicly humiliating manner.

Contact Creighton Law LLP

Know your rights under Ontario's Employment laws. Contact our Oshawa law firm at 1-800-216-4970 or through our online form.