What Employees Should Know in How to Deal with a Wrongful Dismissal
In Ontario, employment law is always changing and a generally difficult area, which can often leave employees (and their employers) feeling overwhelmed and uncertain about their rights and obligations. While the starting point is to understand that all employees are protected by the Ontario Employment Standards Act, 2000 (which outlines the minimum notice or severance pay required for termination of employment, as well as other basic labour standards), the story does not end there. In fact, most employment law protections exist in common law, or court cases where judges decide on how to resolve a workplace dispute that becomes law and legal principles to be followed, all of which are important when it comes to understanding how to deal with a wrongful dismissal.
Understanding Wrongful Dismissal
In Ontario employment law, a wrongful dismissal (or unlawful termination of employment) occurs when an employer terminates an employee without providing the required notice of termination, or a financial severance package. Generally, this can happen in a few scenarios:
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Termination for just cause: In this case, an employer terminates an employee’s job alleging intentional misconduct. While not impossible, this is generally very hard for most employers to prove. If an employer has a valid reason for dismissal that does not amount to just cause under common law or intentional misconduct under the Ontario Employment Standards Act, 2000, they must still provide the employee with prior reasonable notice of termination, or an appropriate severance package.
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Termination without cause: In this case, an employer terminates an employee without alleging misconduct or some other reason to terminate their employment. However, it must provide the employee with sufficient reasonable notice of termination or an appropriate severance package, as otherwise, it would be considered a wrongful dismissal under common law. If done properly, the employer can terminate for any reason (or no reason at all), as long as it is not an unlawful reprisal or discrimination.
Steps Employees Typically Take When Faced with Wrongful Dismissal
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Review but Do Not Sign: Employees should always gather and review any documents given to them by the employer after a wrongful termination of employment – but never sign it without obtaining proper legal advice from a qualified employment lawyer in Ontario.
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Document everything: Gather all documentation related to your employment and termination, such as employment contracts, annual performance reviews, pay stubs, and any correspondence with your employer regarding the termination.
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Inquire about any Reasons for the Employment termination from Employer: Respectfully inquire about the reasons for your termination and the severance package offered, and keep a record of all communication, such as emails, letters, or notes from meetings or conversations.
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Consult with an Employment Lawyer for Legal Advice: Consulting an experienced Toronto employment lawyer can provide you with expert guidance on your specific situation and understand your legal rights as an employee. An experienced lawyer can assess your case, determine if you have been wrongfully dismissed, and advise you on the best course of action, including next steps.
- Engage an Employment Lawyer for Severance Package Negotiation: if the financial compensation offered by your employer in the severance package is inadequate (which it usually is), have a skilled employment lawyer negotiate a better severance package to avoid a costly lawsuit for wrongful dismissal.
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Initiate legal action: If all else fails, a terminated employee may need to initiate legal action against the employer to pursue his or her full entitlement to notice of termination or a financial severance package. With an experienced Ontario employment lawyer, this step is usually a last resort, as legal proceedings can be lengthy and expensive.
Strategies to Prevent a Wrongful Dismissal
While the decision to terminate an employee is up to an employer, employees can take certain proactive steps to help minimize the risk of a wrongful dismissal:
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Maintain Regular Communication: Maintain respectful and professional dialogue with your employer to address any concerns promptly and promptly seek clarifications, support or guidance when required.
- Think Twice Before Signing an Employment Contract: always ensure an experienced employment lawyer reviews the employment contract you are asked to sign by the employer (whether before starting a new job or halfway-through), as the terms and purpose of an employment contract is generally to benefit the employer’s own interests. By thoroughly reviewing your employment contract to understand your rights and obligations, as well as potentially negotiating more favourable terms (such as a termination of employment clause), you are able to help level the playing field with your employer.
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Document Performance: Keep records of workplace accomplishments, positive performance reviews, bonuses received, and any notable contributions to the company (such as achieving annual goals or performance metrics).
- Speak Up: If you are the victim of workplace harassment or discrimination, or are experiencing some other workplace difficulties or turmoil, it is important to understand you have legal rights as an employee or should consider complaining to your manager, Human Resources department, or if necessary, the Ministry of Labour or an experienced Ontario employment lawyer for assistance. This is often very important when an employee is experiencing unusual circumstances at work, such as workplace isolation or performance improvement plan (PIP), where the guidance of an employment lawyer is crucial in helping push back against an employer’s strategy to build a case to terminate employment for just cause.
Call Employment Lawyer Toronto Today
If you are an employee who believes you were wrongfully dismissed from your employment without a fair severance package, or are experiencing workplace hostility or other difficulties, please call today to discuss your options and next steps on how to deal with a wrongful dismissal. As an employment law firm in Toronto, Bune Law has reviewed and negotiated improvements to many severance packages. You will review and get guidance on your severance package before you agree to sign any termination documents, and help ensure that your severance package is fair and reasonable.