Wrongful Termination in Ontario

It is never a welcome situation to be terminated from your position, but only certain circumstances will enable you to file a wrongful termination in Ontario lawsuit. When it comes to Ontario termination pay, it is essential to have an experienced employment lawyer at your side to help explain to you what to anticipate. If you have recently been wrongfully terminated in Ontario, your case should be evaluated by a knowledgeable lawyer sooner rather than later so that you can understand your next steps.

What Qualifies as Wrongful Termination?

Not every situation in which you were terminated from a role will enable you to file for wrongful termination. There are minimum requirements that must be met under Canadian law to enable an employee to sue their employer for wrongful dismissal. An employee is considered wrongfully dismissed when an employer terminates that worker without notice of termination or a fair payment in lieu of notice.

What Needs to Be Done by The Employer to Make A Termination Legal?

Most employers are well within their rights to exercise termination but must follow specific procedures when doing so. One of the most common issues argued in unfair termination cases is the amount of notice or the pay in lieu of a notice that an employee would be entitled to because there are many different factors that must be considered. Employers might claim, for example, that the employee committed some form of misconduct that would eliminate the need for reasonable notice or severance. You have the right to sue your employer in small claims court in Ontario if the amount you are claiming is $35,500 or less. 

You can argue that you were dismissed wrongfully and ask for the amount of money which equals the notice period that you were entitled to. The sufficient notice period will be dependent on the terms and conditions of the employment contract. Most people are unaware that an employer has the legal right to provide an employee with working notice of dismissal. In a severance package, for example, the employer is actually paying the dismissed employee damages for its failure to give the employee working notice of dismissal.

When reviewing your individual case, your Ontario wrongful termination lawyer will ask you questions about how you were informed that you would no longer be working with the company. As much evidence as you have should be handed over to your attorney at that time, including any dated or written notices about your dismissal. Employers can indeed let you go without giving you the proper notice, but only in circumstances where you have been paid instead of getting the right notice. All of these details will most certainly come up again in your legal case and should be organized before you speak to an attorney. 

What Are My Rights After A Wrongful Termination?

Following a wrongful termination, you have several different rights available to you and they should be discussed with an Ontario employment lawyer. An Ontario wrongful termination lawyer can assist you with deciding whether or not it is appropriate to continue with litigation. While many downsized employees might feel that they were unjustly terminated, it is important to recognize the legal distinction of wrongful dismissal. 

An employee who files for wrongful dismissal is obliged to mitigate damages which means that they must attempt to find meaningful employment rather than waiting around. Legal advice from an employment lawyer is essential prior to signing a release and before accepting an employer’s settlement offer. This paperwork should be carefully reviewed with a lawyer who is familiar with wrongful termination in Ontario.

What Can an Employee Be Terminated For?

An employee can technically be terminated in a variety of situations that are not well understood, including being on long-term disability. However, if the employer fails to do so in a professional fashion with proper notice, they could face legal liability for firing an employee.

Get Assistance

It is important to recognize that you need legal support from an Ontario employment lawyer immediately after you have been wrongfully dismissed. At Diamond & Diamond we have a team experienced lawyers who can make sure that your employer is held responsible for your wrongful termination.

1: Am I entitled to severance pay?

You could be entitled to severance pay in Ontario if your employer has not given you appropriate working notice of your dismissal.

2: How do I prove wrongful termination?

Various pieces of evidence can all be used in your wrongful termination case in Ontario, including the settlement offer itself and your working history.

3: What happens to my pension if I get fired in Ontario?

The accumulated pension funds are transferred into one of two locked in retirement savings funds known as a life income fund or a locked income retirement account.   

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