Wrongful Dismissal and Termination
Losing your job can be incredibly stressful and overwhelming. If you recently lost your job, you may be feeling confused and unclear about your options.
As an employment lawyer in Toronto, Sezar works tirelessly to guide employees like you through the difficult transition, and ensure you receive the resolution and compensation you deserve.
What is a Wrongful Dismissal?
In Ontario, employers are generally allowed, by law, to terminate an employee’s job, as long as they first provide the employee with advanced warning of their last day of work, or payment instead (severance).
However, while an employer may be allowed to terminate an employee’s job at any time, they do not have total freedom to do so for an illegal reason, or in an illegal manner. Employers still have basic legal obligations they must follow.
For instance, if they terminate an employee’s job “without cause,” employers have to provide an employee with advance warning (or compensation instead) before terminating their job. If they do not, it may constitute “wrongful” dismissal. Further, employers must always respect the employee’s dignity and human rights.
In some cases, employers try to avoid paying the employee with their full severance entitlements by arguing they had “cause” (good reason) to terminate on the spot. In such cases, the employee may have a claim of “wrongful dismissal” against the employer, including for their full severance entitlements under common law.
In a wrongful dismissal case, the usual dispute between employers and employees is the amount of notice or severance pay that an employee is entitled to receive for their job termination. Severance generally refers to all the usual compensation the employee would have earned while employed, including base salary/wages, commissions, pension plan benefits, health benefits and stock options.
Contact Bune Law
Bune Law is an employment law firm in Toronto with experience, dedication and a reputation for assisting employees in terminations of employment and wrongful dismissals. Bune Law has successfully represented many employees and employers in severance negotiations and wrongful dismissal claims across Ontario.
When determining an employee’s entitlements under common law, various factors come into play, including the employee’s age, salary, length of service, compensation and whether they have an employment agreement establishing their termination entitlements.
As a wrongful dismissal Toronto law firm, Bune Law is familiar with all the tactics employers use to avoid (or minimize) their obligations to employees upon termination, and can see through their excuses to help our clients obtain justice and compensation.
Employee Misconduct and Wrongful Dismissal
In some cases, an employer can argue an employee committed some form of misconduct (wrongdoing) that eliminates the need to provide the employee with fair warning of their last day of work, or severance package. In those cases, the employer argues they have “just cause for dismissal,” and try to avoid any severance payments. In such situations, it may be possible for employees to pursue a wrongful dismissal claim.
Following a termination of employment in Ontario, employers will typically provide a termination letter setting out the severance package that will be provided or, alternatively, the reasons why the employer believes it has just cause for dismissal. In that case, it is critical to meet with one of employment lawyer before signing any documents, in order to determine whether the employee is entitled to more severance and to ensure appropriate steps are taken to address a workplace dispute.
Bune Law Can Help
Bune Law is an employment law firm assisting in all types of workplace disputes, including wrongful dismissal claims. Since each case of termination is different, it is important to consult with an employment lawyer before you take any action that can effect the work situation. Through an initial consultation, we can discuss an employee’s specific case, advise of the employee’s potential options and, if required, provide strong legal representation.
In most cases, an employment lawyer is able to resolve wrongful dismissal disputes through a negotiated settlement with employers. However, where litigation is necessary, Bune Law is strong, firm and will pull no punches in moving the matter to the courts for a fair and proper resolution.
Not sure if you have a case? If you believe you were wrongfully dismissed, Bune Law can help you to obtain the best possible settlement by negotiation and, if necessary, fight your dismissal in court.
Call Now
It is important for an employee (or an employee) to obtain a legal consultation before taking any action that could affect the situation at workplace. Sezar has experience advocating for both employers and employees, which allows him to anticipate the other side’s arguments and develop an effective strategy.
If you are looking for a wrongful dismissal lawyer in Toronto, call us today at 647-822-5492 for a case evaluation with an experienced employment lawyer.
Disclaimer: The content on this website and blog is not legal advice or legal opinion of any kind, and is only to provide 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.