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 employment lawyers in Toronto, we work 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?
Under the law, an employer is generally allowed to terminate employment at any time. However, this does not give them free reign to fire you for an illegal reason or in an illegal manner. They still have basic 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 and provide only the minimum employment standards. In other cases, employers will try to avoid their obligations altogether by arguing they had “cause” (good reason) to terminate without giving any severance entitlements. In either case, the employee may have a claim of “wrongful dismissal” against the employer, including for their full severance entitlements under common law.
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.
In our experience, wrongful dismissal claim can take many forms. Sometimes, it happens after an employee takes a pregnancy leave of absence, voices concerns about significant changes to their job, or turns down a co-worker’s sexual advance. At other times, it may because the employee complains about safety violations, or the employer unfairly discriminating against the employee because of their age, race or disability.
As wrongful dismissal Toronto lawyer, we have seen all the games employers play. We are familiar with the tactics they use to avoid their obligations, and can see through their excuses to help our clients obtain justice and compensation.
We Can Help
We are employment law specialists for all types of 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 your work situation. Through an initial consultation, we can discuss your case, advise you of your potential options and, if required, advocate strongly on your behalf.
In most cases, we are able to resolve wrongful dismissal disputes through negotiated settlement with employers. However, where litigation is necessary, we are 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, we can help you to obtain the best possible settlement by negotiation and, if necessary, fight your dismissal in court.
It is important for you obtain a legal consultation before you take any action that could affect your situation at workplace. We have experience advocating for both employers and employees, which allows us 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.