What Should I Do if I Have a Wrongful Dismissal Claim?

What Should I Do if I am Wrongfully Fired?

Being fired from a job is never easy, but being wrongfully fired can be even more devastating. If you believe your termination was unfair or unjust, you are not alone. Many employees find themselves in this situation. This guide will help you understand your rights and take the necessary steps to protect yourself.

What is Wrongful Termination?

Under Ontario employment law, a wrongful dismissal occurs when an employer fires an employee for an illegal reason or without following requirements under the employment contract.

Signs of Wrongful Termination

Discrimination: You were fired based on your age, disability, race, gender, religion,, or other protected status under the Ontario Human Rights Code or Canadian Human Rights Act.
Breach of Contract: Your employment contract was violated, such as being fired before the expiry of your fixed-term.
Retaliation: You were fired for reporting illegal activities or misconduct, such as filing a workplace harassment complaint.
Without Cause: You were fired without cause (legal justification) and without sufficient notice of termination (or termination pay in lieu of notice).

What to Do After Being Wrongfully Fired

Stay Professional, Respectful and Document Everything: Gather all relevant documents, including your employment contract, performance reviews, emails, and any evidence supporting your wrongful dismissal claim, constructive dismissal claim, or negotiate your severance package.
Seek Legal Advice: Consult with an experienced employment lawyer in Toronto to understand your employee legal rights and options. Most importantly, a Toronto employment lawyer can fully assess your case and advise you on the best course of action, whether that be a severance package negotiation, wrongful dismissal claim or human rights discrimination claim.
Collect Employment Insurance (EI) Benefits: Apply for unemployment benefits as soon as possible, as employees are generally required to apply within 4 weeks after the interruption in earnings. This can provide financial support while you seek new employment.
Start Job Hunting: Begin your job search immediately. Apart from helping you financially, it is important to demonstrate that you are actively seeking new employment to mitigate damages, whether to your former employer during negotiating your severance package or to a judge in a wrongful dismissal claim or constructive dismissal claim.

Protecting Yourself in the Future

Understand Your Employment Contract: Familiarize yourself with the terms of your employment contract to understand your rights and obligations. Most importantly, speak with an experienced employment lawyer in Ontario to carefully review your employment contract to understand the terms and conditions of your job, and where necessary, negotiate your employment contract (especially your rights upon termination of employment, including to receive a severance package).
Document Performance: Keep a record of your work performance, including awards, positive feedback and accomplishments.
Report Issues Promptly: Address any workplace issues or concerns with your employer in writing to document the situation, including any concerns of workplace harassment, reprisal, or requests for accommodations for your disability, family status obligations, and so son.
Network with Colleagues: Building strong relationships with colleagues can provide support and potential job opportunities in the future, including potential recruiters in your industry, which will help you mitigate your damages for wrongful dismissal or constructive dismissal.

Remember: Every situation is unique, and it is essential to seek professional legal advice for guidance specific to your case. By understanding your rights and taking proactive steps, you can increase your chances of a successful outcome.

Book a Consultation with an Employment Lawyer in Toronto

At Bune Law, we understand and are familiar the complexities of workplace law and are committed to helping both employers and employees navigate these challenges. Whether you are an employer or employee dealing with employment contracts, workplace disputes like a wrongful dismissal or constructive dismissal, or simply need guidance on your rights and obligations for a severance package review and negotiation, our experienced employment lawyer is here to assist you.

Book a confidential consultation with our Toronto employment law firm to protect your legal rights to understand your options and protect your rights.

Why Choose Bune Law When You Need an Ontario Employment Lawyer?

Experience in all areas of workplace law, including wrongful dismissal claims, constructive dismissal claims, severance package reviews, severance package negotiations, discrimination and human rights disputes, and employment contract reviews.
Proven track record of successfully resolving workplace disputes through negotiation, mediation, and employment litigation.
Compassionate and personalized approach to each case, ensuring tailored solutions that meet your specific needs.

If you need a Toronto employment lawyer who is committed to delivering strong results and proactive solutions, please contact Bune Law online or by phone today at 647-822-5492.