How does wrongful dismissal occur?
wrongful dismissal
Wrongful dismissal is a term that describes when an employee is fired for reasons that violate their contract, discrimination laws or employment law. It can also happen when an employer violates public policy or fires someone in retaliation for making a complaint about their workplace conditions.
Wrongfully terminated employees are entitled to compensation, including damages for loss of income and benefits, damage to their reputation, emotional trauma and distress. A Toronto wrongful dismissal lawyer can help you determine whether or not your firing was unjust and file a claim if necessary.
In non-unionized environments, employers can terminate their workers without cause at any time but must provide advance notice of termination and the appropriate severance package. Many employers fail to meet this requirement and provide only the minimum amount required by Ontario’s Employment Standards Act (ESA), which is typically much less than an employee would be owed in a fair termination.
How does wrongful dismissal occur?
If you’re concerned you may have been wrongfully dismissed, it’s important to gather any documents or emails relating to your termination and review them in detail with an experienced employment lawyer. Your attorney can then advise you on your rights moving forward, if applicable.
For the purposes of this blog, we’ll focus on non-unionized workplaces in Canada, as that’s where most wrongful dismissal lawyer claims are filed. However, unionized workers can also file a claim against their employer. Wrongful termination laws vary greatly depending on the union, which explains why it’s so important to consult with an experienced employment lawyer as soon as you think something may have gone wrong at work.
The occurrence of wrongful dismissal can be difficult to prove, but there are a number of signs that could indicate you’re eligible for compensation. For example, if you’re fired shortly after filing a complaint about working conditions or retaliation, this can constitute wrongful termination and could lead to an award of compensation.
You might also be eligible for compensation if you were terminated because of a disability, race or religion, which is considered illegal under anti-discrimination laws. In such cases, you’re likely entitled to a substantial amount in wrongful termination damages.
In wrongful termination claims, damages are generally awarded based on the net value of your salary and any contractual entitlements (such as pension entitlement, private health cover and car allowance) for the period of time you would have worked had you not been fired. In some cases, your wrongful dismissal lawyer can even recover damages for loss of earning potential and any additional economic losses incurred as a result of your termination.
Being fired can be a frightening experience, especially if you feel the firing was unjust and wrongful. If you’ve been let go for any reason that violates the terms of your employment contract, or any other employment law regulations, contact Share Lawyers right away to speak with a Toronto wrongful dismissal lawyer about your case. We’ll take the stress out of this difficult situation and make sure you receive fair compensation.