What is a Wrongful Dismissal?
If your employer terminates your employment and does not provide you with any notice of termination then it was probably a wrongful dismissal.
Most of the time, an employer does not provide an employee with any notice of termination. Instead, the employee is usually asked to attend a meeting with little or no notice. He or she is informed that the employment is being terminated effective immediately.
Unless you have been guilty of serious misconduct, then your employer has probably offered to provide you with some termination pay.
How Much Termination Pay Am I owed if I am Wrongfully Dismissed?
It will depend on whether you signed an employment contract with a legally enforceable termination clause. For more information on termination clauses, see here.
If so, you are generally owed the amount set out in the termination clause. Not all termination clauses are enforceable. There are ways to legally attack this clause in some contracts.
If not, you are owed pay in lieu of “reasonable” notice of termination which can be up to 24 months (or more) pay.
What should I do if I am Wrongfully Dismissed?
If you believe that your termination was a wrongful dismissal, you should make sure you receive the termination pay and severance pay you are owed under the Employment Standards Act. You should receive these monies the later of, (a) seven days after the employment ends; and (b) the day that would have been your next pay day. For more information on termination and severance pay, see here.
You should consult with a lawyer to find out whether you are entitled to receive any additional termination pay. Make sure you tell the lawyer whether you have recently filed an employment related complaint at work, you are disabled, you recently returned from a sick leave or a pregnancy leave, or you have been sexually harassed at work. If so, you may be entitled to additional damages.
If you have experienced a wrongful dismissal and would like to speak to an employment lawyer, please contact us at [email protected] or 1-888-640-1728 (toll free) or 647-633-9894 (within the GTA).
If you have lost your job and need temporary income support, do you know what to do? In Canada, you can apply for Employment Insurance (“EI”) for partial income replacement from the Federal government. To learn about the different types of EI and whether you would be...read more
If you are totally unable to work because of a medical disability are you entitled to receive termination pay? That is the question considered in this blog. Employees Who Do Not Have LTD Coverage Sometimes, an employer does not provide disability insurance and in this...read more
Employees with only a few years (or even months) of service tend to believe that they aren’t entitled to much notice or pay in lieu of notice upon termination. As we have written before, we have seen a trend of longer notice periods being awarded to employees in...read more