My Employer Gave Me a Termination Letter? Now What?
In short, speak with an experienced employment lawyer to learn about your legal rights and options under Ontario’s employment law when dealing with an employment termination.
Being terminated from your employment (also known as a “dismissal” or being “fired”) is typically one of the most difficult and stressful experiences an employee will experience in their working life. While it is hard to see through the high emotional impact of a termination of employment, the key element to getting through the difficulty is to understand what steps to take moving forward.
Most of the time, when an employee consults with an employment lawyer, it is their first experience in dealing with a termination of employment. This is what makes it critical for employees to gather knowledge and information about their specific situation, including on how to deal with their legal rights and options to severance pay. If an employee is not prepared, they are more likely to miss out on valuable compensation owed to them by their employer.
When Can an Employer Terminate an Employee’s Job?
An employer can legally terminate an employee’s job in one of two main ways:
- Termination With Cause
– this is primarily reserved for situations where an employee has committed severe of employee misconduct justifying their dismissal “on the spot” (without notice or severance pay compensation), such:
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- insubordination (intentionally disobeying employer’s orders and directions)
- unjustified absenteeism and lateness
- dishonesty, criminal acts, sexual harassment
- incompetence / bad work performance
- workplace harassment
2. Termination Without Cause
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- the most common scenario
- employer is permitted to end an employee’s job for any reason (in fact, for no reason at all) – as long as the reason for the termination of employment is not discriminatory or as a reprisal (unlawful retaliation)
The distinction between a termination with cause and a termination without cause is crucial. Basically, in rare situations where an employer can prove, an employer is allowed to fire the employee without providing any financial severance package. However, if an employer gets it wrong and fires the employee alleging just cause but is eventually unable to prove it in a wrongful dismissal claim, the consequences can be severe: the court will not only force the employer to pay the employee’s severance package, but possibly also additional compensation for bad faith damages or punitive damages.
What are the Initial Steps after a Termination of Employment?
1. Gather all Important Documents
When employers terminate an employee’s job, they generally provide them with a “severance package” (or termination package) that notifies them their employment has been “terminated.” This will usually consist of a termination letter with an offer to pay a certain amount of severance pay, in exchange for the employee signing a legal release for the employer.
First thing’s first: it is never prudent for an employee to sign a legal release without reviewing with an employment lawyer, since it forfeits (gives up) any legal claims they may have against the employer. For instance, the employee will forfeit their right to sue for wrongful dismissal for more appropriate severance pay, or bring a discrimination claim in the Human Rights Tribunal of Ontario.
Even if the severance package appears reasonable to the employee, they may actually be entitled to more severance pay, or other additional damages (compensation) the employee may simply not be aware. It is precisely for this reason employees are best position to succeed by first speaking with an employment lawyer and, where appropriate, obtaining their assist with the next step, severance negotiations.
2) Speak with an Employment Lawyer about Your Options
Arrange a consultation with employment lawyer to understand your legal rights, options and next steps in dealing with employer regarding the termination of your employment – before you sign any documents from your employer. Among other important reasons, the employment lawyer will help review your severance package, and confirm whether your employer’s severance offer is fair and reasonable (hint: quite often, severance package is less than fair and reasonable to the employee).
By first consulting with an experienced employment lawyer before signing any documents, you can improve your chances of obtaining your full legal entitlements to severance pay, exploring potential legal options, and seeing whether your employer has treated you fairly. Just as importantly, an employment lawyer can help you determine whether there are other potential avenues to explore, such as a discrimination (human rights) claim.
Some important documents to bring to a consultation with an employment lawyer include:
- employment contract signed by the employee
- termination letter (or severance package)
- financial compensation (paystubs, bonus plans, Record of Employment, health benefits plans, pension plan documentation, etc.)
- important notes (e.g., regarding past issues of discrimination or workplace harassment)
- job search efforts (activities taken to obtain re-employment)
After Hiring an Employment Lawyer, What Happens in a Wrongful Dismissal Case?
After involving an experienced employment lawyer in properly handling a wrongful dismissal (termination of employment), an employee will be in a much stronger position to their review their severance package, negotiate necessary improvements and, if necessary, pursue a wrongful dismissal claim.
As with any formal legal dispute before the courts, proving a wrongful dismissal claims requires evidence (including documentation) to strengthen the employee’s chances succeeding in their case. While legal cases can sometimes take a few years to resolve, many employment disputes actually settle much quicker with the assistance of a good employment lawyer.
Contact Employment Lawyer
If you are an Ontario business looking for an employment lawyer to assist with an employment issue, it is prudent to consult about your options before making the decision to terminate employment. This will help you obtain the proper termination documentation for your employee and help minimize a wrongful dismissal dispute.
If you are an employee who has been terminated from your job, it is important to seek legal advice before signing any legal documents, including a severance package (or termination package). You may be entitled to severance pay compensation under Ontario employment law.
No matter which side you happen to be on – an employee recently dismissed from your employment, or are worried you may dismissed from your employment, or an employer facing a wrongful dismissal claim by a former employee – you can easily reach out to Bune Law at 647-822-5492 for guidance and representation from an experience employment lawyer. When you call, you will speak with an experienced Toronto severance pay lawyer to learn about and benefit from your legal rights.
Disclaimer: The content on this website and blog is not legal advice or legal opinion of any kind, and is only general information. It is in no way particular to your individual case and should not be relied upon in any way. The outcome of a legal matter depends on its unique circumstances, and prior successes are not indicative of future results. No portion or use of this website or blog will establish a lawyer-client relationship with the author, this law firm or any related party. Should you require legal advice for your particular situation, please fill out the form below, or call 647-822-5492, to request an initial consultation.
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