Wrongful Dismissal

The termination of one's employment can be stressful and unexpected. In addition to the financial hardship that often follows from the loss of employment, one's feelings of self-worth and self-efficacy can also be hurt.

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Where an employer terminates your employment suddenly or without severance, you may be entitled to pursue a claim for wrongful dismissal. The law protects individuals against arbitrary and unfair termination by employers.

Employees can expect to receive notice in advance of a termination, the notice period depending on the length of their employment, or pay in lieu of notice. Where neither is given, the employer has the burden of proving that the termination was justified, i.e., for cause.

Alternatively, situations can arise where the conduct of an employer effectively forces an employee to resign due to a breach of an inherent or fundamental term of the employment contract. This is called constructive dismissal, and constructive dismissal follows much of the same legal analysis as a wrongful dismissal.

Where an employer asserts that there was cause for termination, or the severance amount offered by the employer seems low, individuals should speak with a lawyer concerning whether they have been treated fairly.

While many wrongful dismissal actions can be resolved through negotiation, some cases require the commencement of legal proceedings in order to get the parties to the table. Ledroit Sabo has helped hundreds of terminated employees achieve resolution and substantial compensation in claims of wrongful and constructive dismissal.

Useful Links: Ontario Employment Standards Act