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).
The courts recently confirmed that layoffs remain a constructive dismissal even in the context of the Covid-19 pandemic.
Despite the many areas that limit unionized employees’ rights, these employees are able to bring human rights claims.
Terminated employees who worked for federal employers may be entitled to more termination pay.