When to Look for a Wrongful Dismissal Lawyer
If you are an employee in Ontario looking for a wrongful termination lawyer to help you after recently losing your job, this article will help provide general legal information about employment law principles that may apply to your case. As always, it is important to consult with our experienced employment lawyer to get actual legal advice to help you sort through our options and navigate to the best possible outcome that makes sense in your situation.
After losing your job, you may be wondering if your employer has to provide you with a reason for terminating your employment. Generally speaking, the answer is “No” (unless the employer has terminated your employment with just cause – see discussion below). In fact, an employer can usually terminate an employees job at any time and for any reason for termination (as long as they comply with the requirements of an employment contract, and the reasons are not discriminatory or retaliatory). This means that, in some cases, the reasons typically given by employers are not wrong or unlawful (even if the circumstances seem unfair).
Lawful Reasons for Firing an Employee in Ontario
In Ontario, there are different situations where an employer can fire an employee. Depending on the reason, there could be different consequences on the employee.
Termination of Employment with Just Cause
In a termination with just cause, an employer will attempt to terminate an employee’s job for serious misconduct. This is a very serious act that an employer rarely is able to get away with, and will always depend on the specific circumstances of each case. Even where an employer has reason to argue the employee committed misconduct, they still have to address the following questions that a court will look into: Was the employee’s misconduct so egregious that immediate termination without prior notice or severance pay was warranted? Some examples of a termination with just cause include theft, dishonesty, wilful misconduct or workplace violence. Importantly, if an employee successfully challenges the employer’s reasons for termination in a wrongful dismissal court claim, the employer will have to provide them with an appropriate severance package, as well as potentially punitive damages and damages for bad faith as punishment.
Termination of Employment Without Cause
In a termination without cause, an employer can fire an employee for any or no reason at all (as long as the reason is not unlawful retaliation or discrimination. This is the most common way an employee’s job is terminated in Ontario, and provides employers with more flexibility. In exchange, the employer must provide the employee with either prior notice of termination (sometimes called “working notice”), or pay in lieu of notice of termination (severance package).
While an employer does not have to provide any reason for a termination without cause, most of the reasons employers usually provide are, in fact, valid and lawful. One of the typical reason employers provide in a termination without cause includes “business restructuring” (downsizing). This refers to situations where a business has made some changes to its organization (e.g., combining a few divisions) or is not doing well financially. In those cases, as a valid cost-cutting measure, employers decide to reduce (lay off) some employees in their workforce.
Unlawful Reasons for Firing an Employee in Ontario
As an employment law firm, our experience shows that the following reasons terminating an employee’s job are typically found unlawful by the courts in wrongful dismissal cases, including:
- Discrimination: this is where an employer fires an employee based on a personal characteristic that is protected by the Ontario Human Rights Code, such as age, medical condition (disability), race, religion, ethnicity, gender or family caregiving obligations. When this happens, the employee can sue the employer for a wrongful dismissal to obtain a severance package, as well as for discrimination (which is prohibited by Ontario employment law).
- Retaliation: this is where an employer fires an employee in retaliation for the employee complying with the law, such as for reporting (or refusing to commit) illegal conduct, or when an employee exercises their lawful rights to take a vacation, go on maternity leave or request workplace disability accommodation. Ontario employment law, including the Employment Standards Act, 2000, which makes it a wrongful dismissal.
Wrongful Termination Lawyer Toronto
As discussed earlier, Ontario employment law has requirements that clearly express how an employee’s job can be terminated, and whether they are entitled to receive severance pay compensation (severance package). An experienced wrongful termination lawyer may help you determine whether the reason for your termination was lawful, and understand your options moving forward.
What Is a False Pretext in a Wrongful Dismissal Lawsuit
Ontario employers are expected to know and follow all applicable Ontario employment law, including when it comes to termination of employment and severance packages. Above all, they are expected to what reasons constitute a “just cause” for dismissal, when not to falsely allege just cause when it actually does not exist, and when not to create an excuse simply to fire an employee. Far too often, I encounter employees who were fired supposedly for “poor performance,” “corporate reorganization” or as “not a good fit for the company” (these are some of the most common pretexts given for wrongful termination).
Coincidentally (or not), these employees lose their job shortly after announcing they need to take a maternity leave, require workplace accommodation for a disability, or requested a salary increase. This is what we call a pretext for wrongful dismissal, where the provides a phony excuse or a made-up reason to the employee because. In such cases, we have successfully represented many employees in obtaining a financial severance package, often through strong negotiations (or at other times, through wrongful dismissal claims).
Keep in mind: just because your employer provides a pretext (excuse) that seems valid on its face, it does not always mean it is truthful, or that your employer has followed its legal obligations to you, including providing you with a fair severance package (severance pay). Depending on the facts of your case, our Toronto wrongful termination lawyer will help you evaluate all the circumstances, discuss your best options and build your case for a severance package resulting from a wrongful dismissal.
Consult with a Toronto Employment Lawyer If You Face a Wrongful Dismissal
If you are in a situation wondering whether the termination of your employment was unfair, it is important to contact an experienced Toronto wrongful termination lawyer for help. Bune Law is at your service for a comprehensive legal consultation. Call our Toronto employment lawyer for wrongful termination, find out how strong your case is and learn your legal rights and options. Tell us about your circumstances and we will investigate it and present you with your options.
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