Toronto Wrongful Dismissal Lawyer
Toronto Employment Lawyers Representing Employers and Employees in Wrongful Dismissal Cases
What is Wrongful Dismissal?
Wrongful dismissal occurs when an employer terminates an employment contract without providing reasonable notice, just cause or severance pay. In Ontario, employees are entitled to reasonable notice of termination or payment in lieu of notice, unless there is just cause for termination. If an employer fails to provide any of these, it may be considered wrongful dismissal.
Factors Determining Reasonable Notice
To determine reasonable notice, courts will consider various factors, including:
Length of employment: the longer an employee has worked for the company, the longer the reasonable notice period is
Employee’s position: higher-ranking employees may be entitled to longer notice periods
Employee’s age: older employees may be entitled to longer notice period due to their difficulties finding new employment
Availability of similar employment: the more difficult it is for the employee to find new employment, the longer the notice period should be
What To Do Do If You Have Been Wrongfully Dismissed
If your employment contract has been terminated, there are some things you should do to protect your rights and ensure fair compensation:
Do not sign any severance offers or termination papers. This could affect your right to file a wrongful dismissal and compensation claim
Immediately write a detailed note of what occurred during your termination meeting
Compile a file of all employment-related documents, including your employment contract, any and all performance reviews, pay statements, emails or other workplace correspondence relating to your dismissal and your termination papers
Contact an employment lawyer to discuss the best course of action for your specific case
The Importance of Seeking Legal Counsel
Whether you’re an employee seeking justice or an employer trying to follow fair termination procedures, seeking legal advice is vital. DSF’s team of experienced Toronto employment lawyers can provide guidance tailored to your specific situation, helping you understand your rights and obligations under Ontario’s employment laws.
We offer multiple convenient locations in Toronto, Whitby, Barrie and more to better serve our clients. To begin your initial consultation and find the right employment lawyer, please contact us at (416) 449-1400.
