Being wrongfully dismissed in Ontario from your job can be an incredibly stressful and confusing experience. Whether you have been let go without warning, treated unfairly, or dismissed for reasons that are not in line with your rights, it is essential to understand what steps to take. Wrongful dismissal is a serious matter, and you should know what actions are necessary to protect your rights and ensure that you are not left facing the consequences of an unjust termination.
This blog will walk you through the essential steps you should take if you believe you have been wrongfully dismissed, covering your legal rights, options for seeking redress, and how to protect yourself moving forward.
What is Wrongful Dismissal?
Wrongful dismissal (sometimes known as wrongful termination), occurs when an employee is terminated from their job in violation of their legal rights or employment contract. What makes a dismissal or employment termination “wrongful” is the fact that the employee in breach of a contract term to provide the employee with prior reasonable notice of termination, or payment in the form of termination pay and severance package (called a “severance package“).
In addition to not receiving a severance package, a wrongful dismissal can at the same time be considered discriminatory or retaliation, such as
- Termination based on discrimination (e.g., race, gender, age, religion, disability), or terminating an employee for taking medical leave or maternity leave. This is called discrimination.
- Firing an employee for exercising their legal rights or reporting illegal activities, such as complaining about workplace harassment. This is called unlawful retaliation or reprisal.
Steps Employees Typically Take to Fight a Wrongful Dismissal
Review Your Employment Contract and Company Policies
Your employment contract outlines your rights and obligations as an employee, as well as the company’s policies regarding termination. It is important to carefully review your employment contract to understand what it says about dismissal, including the grounds for termination, entitlements to notice of termination or a severance package, and any procedures that must be followed before being let go.
Additionally, review your company’s employee handbook or policies. Often, these documents provide more specific information on how dismissals are to be handled, including what actions an employer must take to justify a termination.
Document Everything
One of the most critical steps in dealing with wrongful dismissal is to maintain a detailed record of all communications and events related to your termination. This documentation can help support your case if you decide to pursue legal action.
Keep track of:
- Dates and times of any communications regarding your termination.
- Emails, text messages, or written correspondence with your employer.
- Any performance reviews or feedback that you received before the dismissal.
- Records of any complaints or concerns that you raised with your employer, particularly if they relate to discrimination, harassment, or safety violations.
These records will be invaluable if you need to file a legal claim or seek compensation.
Do Not Sign any Documents Without Proper Legal Advice
An employee should not sign any documents without proper legal advice for several important reasons:
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Understanding Terms and Conditions: Documents such as employment contracts, non-disclosure agreements (NDAs), severance package agreements, or settlement offers may contain terms that are complex, unclear, or heavily biased in favour of the employer. Legal advice ensures that the employee fully understands the implications of what they are accepting.
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Rights and Protections: Signing documents without consulting an experienced employment lawyer can lead to the loss of important rights or protections. For example, signing a contract may waive certain legal rights, like the right to sue, or it may impose unreasonable restrictions on the employee, such as non-solicitation clauses that limit future job opportunities.
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Unfavourable Terms: Employers may present documents with terms that are not in the best interest of the employee, like an unfair severance package or discriminatory clauses. An employment lawyer can spot these issues and help negotiate better terms.
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Legal Ramifications: In some cases, signing a document may bind the employee to legal obligations they do not fully understand. This could include giving up the right to pursue a wrongful dismissal lawsuit or full entitlement to a fair and appropriate severance package, accepting financial terms that are less favourable than they should be, or agreeing to terms that are unenforceable under Ontario employment law.
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Future Consequences: What may seem like a harmless agreement today could have long-term consequences, such as restricting job options, intellectual property or confidentiality obligations, or limiting future opportunities. An employment lawyer can highlight the potential future risks of signing certain documents.
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Negotiation of Terms: If a document is presented to an employee with unfavourable terms, a lawyer can review and advise on how to negotiate changes before signing, most importantly, how to negotiate a severance package that is fair and maximizes your legal entitlements. This helps employees avoid accepting terms that could be detrimental in the long run.
Ultimately, having legal counsel review documents before signing helps ensure that the employee is making informed decisions and protecting their best interests.
Seek Legal Advice
If you believe you were wrongfully dismissed (or have recently been terminated from your job), it is vital to consult with an experienced Ontario employment lawyer who specializes to discuss your case. An employment lawyer can help you assess whether your termination was lawful, explain your legal rights, and help you understand the potential options and remedies available to you.
Employment lawyers are skilled at evaluating wrongful dismissal cases and will be able to guide you through the next steps, whether that involves negotiating with your employer or pursuing a claim in court.
Call for Employment Lawyer Consultation Today
If you were terminated from your employment with or without severance package, call today to discuss your options. As an employment law firm in Toronto, Bune Law has reviewed many severance packages and are skilled at negotiating improvements. You will review and get guidance on your severance package before you agree to sign any termination documents, and help ensure that your severance package is fair and reasonable.