Wrongful Dismissal

Were you terminated from your employment for no reason?

Were you terminated from your job for reason that you don't agree with? Were you told by your employer that if you didn't resign or quit, you would be fired? Perhaps you are a victim of downsizing, or your job has been made obsolete by the company's investment in new technology.

There are lots of reasons why people are terminated from their employment.

Non-unionized employees in Ontario can be terminated on a “without cause” basis, which means that the employer does not have to have a real reason for ending your employment. If that happens to you, you are entitled to reasonable notice or a reasonable severance package.

The amount of notice you should get – or the amount of pay in lieu of notice you should get – is an area that requires a lawyer to take into consideration a number of factors. These factors include such things as your salary, number of years of employment, level of seniority, age, geographical location and your ability to find suitable alternative employment, just to name a few.

The amount of notice or pay in lieu of notice you should get is not just based on your salary alone, but can also include the continuation of health and dental benefits, bonuses, commissions, stock options, car allowances, contributions to pensions, and RRSP matching.

Sometimes, an employee is terminated on a “with cause” basis, meaning that the employer believes that they have a good reason to terminate the employment relationship without having to pay a severance package.

The rules surrounding a “with cause” termination are very strict, meaning that it can be very difficult for an employer to satisfy a court that they had “just cause”, or a valid reason to terminate your employment without notice. Often times, employees sue their employers for wrongful dismissal, stating that whatever they were alleged to have done was not “cause” for dismissal without notice.

Regardless of the reason you were terminated, it is essential that you meet with a lawyer before you sign any document provided by your employer. Often times, you will be entitled to much more that you are being offered.

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