What is wrongful dismissal and how do I know if I’ve been ‘wrongfully dismissed/terminated‘?
Wrongful dismissals are incredibly common in the world of employment law. A wrongful dismissal, or termination, happens when an employer does not give reasonable notice when terminating an employee. In Ontario, an employer can terminate an employee at any time provided they give reasonable notice. However, after three months of continuous employment, the Employment Standards Act, 2000 (“ESA, 2000”), requires employers to provide a minimum amount of notice. If you think you did not receive reasonable notice, as per the ESA, 2000, we are here to help. Click to book a free consultation today to assess your options.
What is notice and what is reasonable?
Notice, as per the ESA, 2000, must be reasonable otherwise it is a wrongful dismissal. Notice could mean:
- working notice – you work until your termination date
- severance in lieu of working notice, either a continuation of salary or a lumpsum payment, also known as termination pay.
While the ESA, 2000 outlines the minimum standards for notice, termination pay, and severance, these are only the MINIMUM requirements. In most wrongful dismissal cases, deemed reasonable notice entitlements are greater than the minimum statutory requirements. Book a free consultation and have your particular situation assessed.
If my employer did not provide reasonable notice, is it a wrongful dismissal/termination?
Yes! Unless, an employer terminates you for cause. An employer can terminate an employee without notice provided they have cause.
In some cases, even if they’ve provided you with your ESA, 2000 minimum entitlements, it still may not be reasonable. That’s why we suggest you book a free consultation today and have your case assessed within 48 hours.
I’m panicking! My employer wrongfully terminated me! What do I do?
Stay calm. We’ve got your back and plenty of experience with wrongful dismissals. After terminating you, your employer may ask you to sign a severance offer/package. DO NOT sign any agreement before speaking to a legal representative at EmploymentParalegal.ca. If they give you a deadline, do not feel pressure to accept it. You are entitled two (2) years from the termination date to pursue severance pay. When you sign a severance offer you can no longer sue for severance.
Before signing a severance package, we advise you to contact us for free consultation and a severance package review.