Wrongful dismissal, when an employer dismisses his employee without following proper legal procedures or just cause for it, has been increasingly observed.
While the Ontario Employment Standards Act describes the minimum notice and severance pay an employee is entitled to upon his termination, the definition of wrongful dismissal further includes discriminatory firing, firing without sufficient cause, or in violation of the employment contract.
Wrongful Dismissal Claims Common Grounds
In Toronto, the most common ground for claims of wrongful dismissal involves a failure to provide sufficient notice or severance at the time of termination. Under the ESA, the required notice is linked to an employee’s period of service–a minimum of one week per year of service.
When the employment contract provides more notice, that amount is what the employer must fulfill. Another common cause of wrongful dismissal is termination without just cause; this is only valid in cases of serious misconduct, such as theft or violence, and it has to be based on evidence.
Employment Contracts and Termination Clauses
Having an employment contract with a termination clause is crucial for protection against wrongful dismissal in Toronto. This clause details how either of the parties can terminate the employee-employer relationship and what shall be paid to the employee in regard to that.
In such a case, if the termination clause does not meet ESA minimum requirements under Ontario law, it can be seen as unenforceable; thus, the employee would be entitled to extra compensation. Regularly revising your contract to keep its termination terms compliant with the law could prove to be protection against wrongful dismissal.
Using A Lawyer in Wrongful Dismissal Cases
If you believe that you have been unfairly dismissed in Toronto, then employment lawyer Vancouver services are one thing you should seriously seek. The value a lawyer will add pertains to the advice they will provide as to whether your dismissal was lawful and what options you would have moving forward.
They may negotiate a decent severance package on your behalf, advice about any claims, and even represent you in court, if necessary. Because the claims of wrongful dismissals can be really complex in nature, carrying a lot of nuances in terms of legalities associated, professional legal support makes sure that your rights under the law are secured and do not put you in a position that makes you helpless against an inhumane act committed against you.
Understanding Severance Pay and Its Importance
The other issue related to wrongful dismissal is severance pay. Besides notice, employees may also claim severance pay, depending on the situation. It is most commonly applied where an employer has more than 50 employees and the period served is five years or over.
The amount of severance pay will be determined by considering an employee’s length of service and salary. Severance pay seeks to compensate the workers for losing their jobs and affording them some time to look for other jobs.
Documentation of Employment History and Termination
One of the important ways toward security against wrongful dismissal is to document all that has happened while being an employee up to the circumstance that leads to termination.
In cases of dispute, retain documented records about performance reviews and communications with employers and relevant incidents. Should one get fired, request, in writing, reasons for dismissal in writing. This can then be used as key evidence should you have to make a claim for wrongful dismissal.
Negotiating a Fair Settlement
Many employees try to negotiate a fair settlement with their former employer after being wrongfully dismissed, prior to taking a case to court. If you have been offered a severance package, it is best to step away and reflect on whether what you are being given compensates for what you actually are entitled to by law.
At first glance, this might seem like a good offer; however, in most instances, the employee will have a legal entitlement to more than was possibly offered. This is the stage at which your lawyer may be able to advise whether the settlement offered is fair and negotiate on your behalf. Remember, accepting any offer of employment without knowing your full rights may restrict your right to further claims in the future.
The best way to protect oneself against wrongful dismissal in Toronto is by incorporating legal knowledge, proper documentation, and awareness of rights under both the Employment Standards Act and one’s specific employment contract.
If, at any instance, you feel that you have been wrongfully dismissed, it is in your interest to take quick action in seeking legal advice on the many options available to you under the law. By this, you protect your rights and secure all your future employment without anything compromising it during the transition process.