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Everything you need to know for if you have been wrongfully dismissed and need to hire legal aid. There are so many different reasons to consult legal aid from feeling harassed, to religious beliefs and being terminated due to these reasons.

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Here, we will look at 14 reasons you should get an attorney.

What is Wrongful Dismissal?

Being fired or laid off from your job with an explanation, like there is no work or you were caught doing or saying something that goes against company policy, you likely don't have a case.

If you are fired or laid off with proper notice, then that is not wrongful dismissal. Likewise, if you are given no notice but receive some sort of compensation package, then that is also legal.

When you are fired, dismissed or laid off without cause, notice or severance pay, then you have experienced wrongful dismissal. You may feel like that's the end of it, but it isn't.

What to Look for in a Wrongful Dismissal Lawyer

Finding a lawyer to take on your case might not seem hard, but you need a lawyer who is versed in the area if wrongful dismissal. Losing your job is a very confusing and stressful time, and you want the best person to help you through it.

There are just so many areas you may be unaware of that your lawyer will understand. If there was a contract or a breach of contract, if there is a union involved and was there a violation, was there a clause or law broken.

You need a lawyer who knows the differences that occur, the ins and outs and the legal applications specifically for wrongful dismissal cases. Workplace lawyers understand what is actually happening and where to go next.

Lawyers specialized in workplace law have the experience and knowledge you need. There could be issues at play that you have not even considered, and they will be able to find those.

Reasons to Hire an Attorney

We will break it down and look at reasons why you need to hire a lawyer for yourself or family member if you think you are owed for wrongful dismissal. What you think it okay may actually be illegal.

1. Consultation

You want to set up an appointment, even just a casual meet and greet to explain your situation and see if you have anything to move forward. This is the best time to lay it all out to your lawyer and be very honest.

Even if you did something wrong but feel your firing was still not justified or done correctly, you want to know where you stand and what actions, if any, are available to you.

Keep in mind that employment law lawyers are inundated with telephone calls and emails about wrongful dismissal; and, a good lawyer is a busy lawyer so they will often charge for their consultations - if they are not working for you, they could be working on another matter and they have certain targets or obligations to their firm that they must meet on a monthly basis.

2. Expert Advice

A lawyer specializing in wrongful dismissal will have inside knowledge and experience in handling these situations. You may think your case is unique, but chances are, they have seen it.

Talking to a lawyer is just a wise move, and one who specializes in workplace dismissals will have insight and experience in how to proceed, if necessary. They handle cases like your all the time; they will know what to do and help you through this trying time.

As employment lawyers we have seen and heard it all, from online gambling to affairs in the office. We do not judge, we are simply hear to advance the best case going forward for our clients.

3. Professional

Even if your dismissal is due to something embarrassing to you and you are worried it will get out, your lawyer will handle your case with discretion and a professional manner.

You want your case in good hands. You have enough stress over losing your job and worry about how to proceed. Let your lawyer worry about how to get the right compensation and keep it all discrete.

4. Trustworthy

You can trust your lawyer to work with your best interests at the forefront. Handing over any documents or evidence will be kept safe and only used to further your case.

You may be worrying about how this past action will reflect on your chances of finding a new job in the same field. Your lawyer will be able to advise you in this area and keep your past information private.

5 Financial Compensation

You wrongful dismissal lawyer has the knowledge and ability to figure out how much compensation you are due. Depending on the case, you may be entitled to more compensation than you think.

The potential loss of wages and bonuses, retirement packages, promotions, expense accounts and payment to the lawyer and your pain and suffering may all be considered in your case.

6. File Papers

Any documents and papers that need to be filed or filled out can all be taken care of by your lawyer. They know which ones, why and when. You do not want to lose out because of some silly mistake.

There may be some small details and loopholes you do not know about, and you want to get the best for your self and your family. Let your lawyer handle all of the paperwork and forms, as that is what they specialize in.

7. Your Employee Has One

If wrongful dismissals seem to be prevalent within your company, you can bet that they have a lawyer on hand. You do not want to chance your wrongful dismissal fight to your own ability, even if you know about workplace law.

Get prepared and get a lawyer. Your employer will have one ready to fight you, be ready to take them on. It's just smart practice, hire a lawyer for a legal brawl.

Wrongful Dismissal Causes

Let's look at some of the reasons you may want to seek out legal advice, that pertains to the job and the wrongful dismissal.

8. You Feel it was Personal

This comes under the category of discrimination. No one can fire you simply because they do not like you. No one would have a job if that were the case.

Discrimination can cover a wide area:

This includes sexual orientation, your marital status, and any other reason that is of a personal matter that does not affect how you do your job. Losing your job or being passed over for promotion or advancement die to any of these is illegal.

You may have a hard time trying to prove this, and getting legal help is a smart idea. If you feel that these were reasons you lost your job, you need to talk to a lawyer. Whether it was verbal, written or implied, they will have the expertise to recognize the problem.

9. Harassment

Harassment can be linked to discrimination and unfortunately, is all too common in many workplaces. Harassment is often unreported, and employees may simply quit rather than endure the abuse.

Like discrimination, harassment is directed towards an employee over personal matters that they have no control over. This includes anything that makes you feel awkward or uncomfortable.

offensive jokes

racial or sexual slurs

insults and put-downs

threats or intimidation

inappropriate pictures or text

physical assaults

Any time you are uncomfortable due to inappropriate comments or gestures, this is considered harassment. Being fired for complaining, standing up or as a continuation of these harassments is wrongful dismissal.

10. Illness or Pregnancy

Missing work due to illness or getting pregnant are not reasons to lose your job. Being fired or replaced or demoted while on maternity leave is also not allowed.

If you develop an illness and it affects you are work, you still cannot be fired. Workplace human-rights protect you, and your employer is required to accommodate medical conditions to allow you continue working.

This rule goes for pregnancy, as well. You are entitled to the full benefits, paid leave, and the option to return to your job at the end of your maternity leave.

They may try to claim it was something else unrelated to your pregnancy, but you should really fight it. They may have just been feeling put out that you had to take time off.

11. Close to Retirement, Promotion, or due Benefits

This can happen all too frequently, and it is a low and dirty trick. It can be heartbreaking, after all the time and effort you have done and contributed to the organization and then be robbed of your due.

Without cause or compensation, this is wrongful dismissal. You may be able to get your due and compensation outside of the original deal. If you were cut off short, this could affect your pension.

There is also a case for ageism, and the difficulty you may have trying to find another job if that is your situation. Lost income can be from potential wages, and your future pension, bonuses and any invests or company stocks.

12. Replaced by their Friend or Family member

This can be very frustrating. Losing your job due to someone's nephew or sister needed a job is wrong. It's particularly annoying if they hire someone to replace you for half the wages they were paying you.

Your wrongful dismissal lawyer can get you the results you need. Being let go or passed over for a job due to nepotism is still discrimination, and shouldn't be allowed.

This can cause hard feelings among employees, cause potential disharmony and even damages if the family member is not as qualified for the position. Overall morale can drop and therefore, so can productivity.

13. Recently complained

If you filed a complaint against your employer, your manager, a co-worker for something to do with illegal or shoddy practices, you could not be fired for that. If the complaint is serious, or of a personal or sexual nature, you need to seek legal advice.

Assuming your complaint was a legitimate complaint, it is against the law for your employer to take action against you simply because they are not happy. If you are potentially exposing problem, violation or even crime, they may think getting rid of you will solve their issue.

They may be trying to cover up something that is potentially illegal or harmful, and it is your right and your duty to recognize the issue and report it. Being fired for being vigilant is wrong and needs to be addressed.

14. False Accusation

Being let go for something that didn't happen or happened differently than was suggested, that is wrongful dismissal. If it feels like a false charge just for an excuse for firing you, then you must seek legal advice, rather than trying to fight on your own.

A lawyer will clear your name of the false accusations or charges and help you get compensation for the lost job, wages and other stress and hardship. There may even be charges laid against your employer or manager.

The burden of proof will be on the employer or manager, and that will be difficult for them to come up with, as it is false. Any proof they manufacture will be considered illegal.

Our Jobs, Our Life

Sometimes just trying to find a suitable job that we don't despise and allows us a livable wage is just too hard. When we finally find that job, just to lose it through no fault of our own is devastating.

We all deserve to go to work and provide for our family. Too often, we live from paycheck to paycheck, and to have that taken away from us can be catastrophic for us and our families.

Laws for workplace health and safety are put in place for a reason, and a violation of those against us needs to be addressed. All too often, people are removed from their employment for no good reason and don't take action.

This leaves the employer with the notion it is okay, and they will continue to repeat themselves. It is not okay, and you have rights and are due compensation. If you find yourself in the unfortunate position of wrongful dismissal, contact a lawyer and fight for your job.

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14 Reasons to Hire an Attorney for Wrongful Dismissal

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Here, we will look at 14 reasons you should get an attorney. Being fired or laid off from your job with an explanation, like there is no work or you were caught doing or saying something that goes against company policy , you likely don't have a case.

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I wanted to add some articles on the actual act for employment and reason for wrongful dismissals. This article has everything on it from what is considered wrongful dismissal, what the weeks are for lieu of pay and even why you can be terminated with our compensation.

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Termination of employment defined

A number of expressions are commonly used to describe situations when employment is terminated. These include "let go," "discharged," "dismissed," "fired" and "permanently laid off."

Under the Employment Standards Act, 2000 ( ESA) a person's employment is terminated if the employer:

dismisses or stops employing an employee, including where an employee is no longer employed due to the bankruptcy or insolvency of the employer;

"constructively" dismisses an employee and the employee resigns, in response, within a reasonable time;

lays an employee off for a period that is longer than a "temporary layoff".

In most cases, when an employer ends the employment of an employee who has been continuously employed for three months, the employer must provide the employee with either written notice of termination, termination pay or a combination (as long as the notice and the number of weeks of termination pay together equal the length of notice the employee is entitled to receive).

The ESA does not require an employer to give an employee a reason why their employment is being terminated. There are, however, some situations where an employer cannot terminate an employee's employment even if the employer is prepared to give proper written notice or termination pay. For example, an employer cannot end someone's employment, or penalize them in any other way, if any part of the reason for the termination of employment is based on the employee asking questions about the ESA or exercising a right under the ESA, such as refusing to work in excess of the daily or weekly hours of work maximums, or taking a leave of absence specified in the ESA. Please see the chapter on reprisals.

Qualifying for termination notice or pay in lieu

Certain employees are not entitled to notice of termination or termination pay under the ESA. Examples include: employees who are guilty of wilful misconduct, disobedience, or wilful neglect of duty that is not trivial and has not been condoned by the employer. Other examples include construction employees, employees on temporary layoff, employees who refuse an offer of reasonable alternative employment and employees who have been employed less than three months.

There are a number of other exemptions to the termination of employment provisions of the ESA. See " Exemptions to notice of termination or termination pay." Please also refer to the special rule tool.

The termination-of-employment rules are entirely separate from any entitlements an employee may have to be paid severance pay under the ESA.

Constructive dismissal

A constructive dismissal may occur when an employer makes a significant change to a fundamental term or condition of an employee's employment without the employee's actual or implied consent.

For example, an employee may be constructively dismissed if the employer makes changes to the employee's terms and conditions of employment that result in a significant reduction in salary or a significant negative change in such things as the employee's work location, hours of work, authority, or position. Constructive dismissal may also include situations where an employer harasses or abuses an employee, or an employer gives an employee an ultimatum to "quit or be fired" and the employee resigns in response.

The employee would have to resign in response to the change within a reasonable period of time in order for the employer's actions to be considered a termination of employment for purposes of the ESA.

Constructive dismissal is a complex and difficult subject. For more information on constructive dismissal please contact the Employment Standards Information Centre, 1-800-531-5551.

Temporary layoff

An employee is on temporary layoff when an employer cuts back or stops the employee's work without ending their employment ( e.g., laying someone off at times when there is not enough work to do). The mere fact that the employer does not specify a recall date when laying the employee off does not necessarily mean that the lay-off is not temporary. Note, however, that a lay-off, even if intended to be temporary, may result in constructive dismissal if it is not allowed by the employment contract.

For the purposes of the termination provisions of the ESA, a "week of layoff" is a week in which the employee earned less than half of what they would ordinarily earn (or earns on average) in a week.

A week of layoff does not include any week in which the employee did not work for one or more days because the employee was not able or available to work, was subject to disciplinary suspension, or was not provided with work because of a strike or lockout at their place of employment or elsewhere.

Employers are not required under the ESA to provide employees with a written notice of a temporary layoff, nor do they have to provide a reason for the lay-off. (They may, however, be required to do these things under a collective agreement or an employment contract.)
Under the ESA, a "temporary layoff" can last:

not more than 13 weeks of layoff in any period of 20 consecutive weeks;
or

more than 13 weeks in any period of 20 consecutive weeks, but less than 35 weeks of layoff in any period of 52 consecutive weeks, where:

the employee continues to receive substantial payments from the employer;
or

the employer continues to make payments for the benefit of the employee under a legitimate group or employee insurance plan (such as a medical or drug insurance plan) or a legitimate retirement or pension plan;
or

the employee receives supplementary unemployment benefits;
or

the employee would be entitled to receive supplementary unemployment benefits but isn't receiving them because they are employed elsewhere;
or

the employer recalls the employee to work within the time frame approved by the Director of Employment Standards;
or

the employer recalls the employee within the time frame set out in an agreement with an employee who is not represented by a trade union;
or

a layoff longer than a layoff described in 'B' where the employer recalls an employee who is represented by a trade union within the time set out in an agreement between the union and the employer.

If an employee is laid off for a period longer than a temporary layoff as set out above, the employer is considered to have terminated the employee's employment. Generally, the employee will then be entitled to termination pay.

Written notice of termination and termination pay

Under the ESA:

an employer can terminate the employment of an employee who has been employed continuously for three months or more if the employer has given the employee proper written notice of termination and the notice period has expired;
or

an employer can terminate the employment of an employee without written notice or with less notice than is required if the employer pays termination pay to the employee.

Written notice of termination

An employee is entitled to notice of termination (or termination pay instead of notice) if they have been continuously employed for at least three months. A person is considered "employed" not only while they are actively working, but also during any time in which they are not working but the employment relationship still exists (for example, time in which the employee is off sick or on leave or on lay-off).

The amount of notice to which an employee is entitled depends on their "period of employment". An employee's period of employment includes not only all time while the employee is actively working but also any time that they are not working but the employment relationship still exists, with the following exceptions:

if a lay-off goes on longer than a temporary lay-off, the employee's employment is deemed to have been terminated on the first day of the lay-off-any time after that does not count as part of the employee's period of employment, even though the employee might still be employed for purposes of the "continuously employed for three months" qualification;

if two separate periods of employment are separated by more than 13 weeks, only the most recent period counts for purposes of notice of termination.

It is possible, in some circumstances, for a person to have been "continuously employed" for three months or more and yet have a period of employment of less than three months. In such circumstances, the employee would be entitled to notice because an employee who has been continuously employed for at least three months is entitled to notice, and the minimum notice entitlement of one week applies to an employee with a period of employment of any length less than one year.

The following chart specifies the amount of notice required:

Note: Special rules determine the amount of notice required in the case of mass terminations - where the employment of 50 or more employees is terminated at an employer's establishment within a four-week period.

Requirements during the statutory notice period

During the statutory notice period, an employer must:

not reduce the employee's wage rate or alter any other term or condition of employment;

continue to make whatever contributions would be required to maintain the employee's benefits plans; and

pay the employee the wages they are entitled to, which cannot be less than the employee's regular wages for a regular work week each week.

Regular rate

This is an employee's rate of pay for each non-overtime hour of work in the employee's work week.

Regular wages

These are wages other than overtime pay, vacation pay, public holiday pay, premium pay, domestic or sexual violence leave pay, termination of assignment pay, termination pay and severance pay and certain contractual entitlements

Regular work week

For an employee who usually works the same number of hours every week, a regular work week is a week of that many hours, not including overtime hours.

Some employees do not have a regular work week. That is, they do not work the same number of hours every week or they are paid on a basis other than time. For these employees, the "regular wages" for a "regular work week" is the average amount of the regular wages earned by the employee in the weeks in which the employee worked during the period of 12 weeks immediately preceding the date the notice was given.

An employer is not allowed to schedule an employee's vacation time during the statutory notice period unless the employee- after receiving written notice of termination of employment-agrees to take their vacation time during the notice period.

If an employer provides longer notice than is required, the statutory part of the notice period is the last part of the period that ends on the date of termination.

How to provide written notice

In most cases, written notice of termination of employment must be addressed to the employee. It can be provided in person or by mail, fax or e-mail, as long as delivery can be verified.

There are special rules for providing notice of termination if an employee has a contract of employment or a collective agreement that provides seniority rights that allow an employee who is to be laid off or whose employment is to be terminated to displace ("bump") other employees.

In that case, the employer must post a notice in the workplace (where it will be seen by the employees) setting out the names, seniority and job classification of those employees the employer intends to terminate and the date of the proposed termination. The posting of the notice is considered to be notice of termination, as of the date of the posting, to an employee who is "bumped" by an employee named in the notice. However, this notice of termination must still meet the length requirements set out in the ESA.

There are also special rules regarding how notice is provided when there is a mass termination.

Termination pay

An employee who does not receive the written notice required under the ESA must be given termination pay in lieu of notice. Termination pay is a lump sum payment equal to the regular wages for a regular work week that an employee would otherwise have been entitled to during the written notice period. An employee earns vacation pay on their termination pay. Employers must also continue to make whatever contributions would be required to maintain the benefits the employee would have been entitled to had they continued to be employed through the notice period.

Example: Regular work week

Sarah has worked for three and a half years. Now her job has been eliminated and her employment has been terminated. Sarah was not given any written notice of termination.

Sarah worked 40 hours a week every week and was paid $17.00 an hour. She also received four per cent vacation pay. Because she worked for more than three years but less than four years, she is entitled to three weeks' pay in lieu of notice.

1. Sarah's regular wages for a regular work week are calculated:

$17.00 an hour X 40 hours a week = $680.00 a week

2. Her termination pay is calculated:

$680.00 X 3 weeks = $2040.00

3. Then her vacation pay on her termination pay is calculated:

4% of $2040.00 = $81.60

4. Finally, her vacation pay is added to her termination pay:

$2040.00 + $81.60 = $2121.60

Result: Sarah is entitled to $2121.60. The employer must also ensure continued coverage for any benefit or pension plans that applied to her for three weeks.

Example: No regular work week

Gerry has worked at a nursing home for four years. He works every week, but his hours vary from week to week. His rate of pay is $17.00 an hour, and he is paid 6 per cent vacation pay.

Gerry's employer eliminated his position and did not give Gerry any written notice of termination. Gerry was ill and off work for two of the 12 weeks immediately preceding the day his employment was terminated. Gerry earned $1,800.00 in the 12 weeks before the day on which his employment ended.

Gerry is entitled to four weeks of termination pay.

1. Gerry's average earnings per week are calculated:

$1,800.00 for 12 weeks / 10 weeks (Gerry was off sick for two weeks therefore these weeks are not included in the calculation of average earnings) = $180.00 a week

2. His termination pay is calculated:

$180.00 × 4 weeks = $720.00

3. Then his vacation pay on his termination pay is calculated:

6% of $720.00 = $43.20

4. Finally, his vacation pay is added to his termination pay:

$720.00 + $43.20 = $763.20

Result: Gerry is entitled to $763.20. The employer must also ensure continued coverage for any benefit or pension plans that applied to him for four weeks.

When to pay termination pay

Termination pay must be paid to an employee either seven days after the employee's employment is terminated or on the employee's next regular pay date, whichever is later.

Mass termination

Special rules for notice of termination may apply when the employment of 50 or more employees is terminated at an employer's establishment within a four-week period. This is often referred to as mass termination. (Note: an "establishment" can, in some circumstances, include more than one location.)

When a mass termination occurs, the employer must submit Form 1 (Notice of termination of employment) to the Director of Employment Standards. Any notice to the affected employees would not be considered to have been given until the Form 1 was received by the Director, i.e. notice of mass termination is not considered to be effective until the Director of Employment Standards receives the Form 1.

In addition to providing employees with individual notices of termination, the employer must post a copy of the Form 1 provided to the Director of Employment Standards in the workplace where it will come to the attention of the employees it affects on the first day of the notice period.

The amount of notice employees must receive in a mass termination is not based on the employees' length of employment, but on the number of employees who have been terminated. An employer must give:

Eight weeks' notice if the employment of 50 to 199 employees is to be terminated

12 weeks' notice if the employment of 200 to 499 employees is to be terminated

16 weeks' notice if the employment of 500 or more employees is to be terminated

Exception to the mass-termination rules

The mass-termination rules do not apply if:

1. The number of employees whose employment is being terminated represents not more than 10 per cent of the employees who have been employed for at least three months at the establishment,
and

2. None of the terminations are caused by the permanent discontinuance of all or part of the employer's business at the establishment.

Mass termination: Resignation by an employee

An employee who has received termination notice under the mass termination rules who wants to resign before the termination date provided in the employer's notice must give the employer at least one week's written notice of resignation if the employee has been employed for less than two years. If the employment period has been two years or more, the employee must give at least two weeks' written notice of resignation. However, the employee does not have to give notice of resignation if the employer constructively dismisses the employee or breaches a term of the contract.

Temporary work after termination date in notice

An employer can provide work to an employee who has been given notice of termination on a temporary basis in the 13-week period after the termination date set out in the notice without affecting the original date of the termination and without being required to provide any further notice of termination to the employee when the temporary work ends.

If an employee works beyond the 13-week period after the termination date and then has their employment terminated, the employee will be entitled to a new written notice of termination as if the previous notice had never been given. The employee's period of employment will then also include the period of temporary work.

Recall rights

A "recall right" is the right of an employee on a layoff to be called back to work by their employer under a term or condition of employment. This right is commonly found in collective agreements.

An employee who has recall rights and who is entitled to termination pay because of a layoff of 35 weeks or more may choose to:

keep their recall rights and not be paid termination pay (or severance pay, if they were entitled to severance pay) at that time;
or

give up their recall rights and receive termination pay (and severance pay, if they were entitled to severance pay).

If an employee is entitled to both termination pay and severance pay, they must make the same choice for both.

If an employee who is not represented by a trade union elects to keep their recall rights or fails to make a choice, the employer must send the amount of the termination pay (and severance pay, if any) to the Director of Employment Standards, who holds the money in trust.

If an employee who is represented by a trade union elects to keep their recall rights or fails to make a choice, the employer and the trade union must try to come to an arrangement to hold the termination pay (and severance pay, if any) in trust for the employee. If they cannot come to an arrangement, and the trade union advises the employer and the Director of Employment Standards in writing that efforts have failed, the employer must send the termination pay (and severance pay, if any) to the Director of Employment Standards, who holds the money in trust.

If an employee chooses to give up their recall rights or if the recall rights expire, the money that is held in trust must be sent to the employee.

If the employee accepts a recall back to work, the money that is held in trust will be returned to the employer.

Exemptions to notice of termination or termination pay

Many of these exemptions are complex. Please contact the Employment Standards Information Centre, 1-800-531-5551 , if you need more information. Please also refer to the special rule tool.

The notice of termination and termination pay requirements of the ESA do not apply to an employee who:

is guilty of wilful misconduct, disobedience or wilful neglect of duty that is not trivial and has not been condoned by the employer. Note: "wilful" includes when an employee intended the resulting consequence or acted recklessly if they knew or should have known the effects their conduct would have. Poor work conduct that is accidental or unintentional is generally not considered wilful;

was hired for a specific length of time or until the completion of a specific task. However, such an employee will be entitled to notice of termination or termination pay if:

the employment ends before the term expires or the task is completed; or

the term expires or the task is not completed more than 12 months after the employment started; or

the employment continues for three months or more after the term expires or the task is completed;

is employed in construction. This includes employees who are doing off-site work in whole or in part who are commonly associated in work or collective bargaining with employees who work at the construction site;

builds, alters or repairs certain types of ships

has their employment terminated when they reach the age of retirement in accordance with the employer's established practice, but only if the termination would not contravene the Human Rights Code.

has refused an offer of reasonable alternative employment with the employer;

has refused to exercise their right to another position that is available under a seniority system.

is on a temporary lay-off

does not return to work within a reasonable time after being recalled to work from a temporary layoff;

is terminated during or as a result of a strike or lockout at the workplace;

has lost their employment because the contract of employment is impossible to perform or has been frustrated by an unexpected or unforeseen event or circumstance, such as a fire or flood, that makes it impossible for the employer to keep the employee working. (This does not include bankruptcy or insolvency or when the contract is frustrated or impossible to perform as the result of an injury or illness suffered by an employee.)

See also: Termination tool

Wrongful dismissal

Rights greater than ESA notice of termination, termination pay, severance pay

The rules under the ESA about termination and severance of employment are minimum requirements. Some employees may have rights under the common law that are greater than the rights to notice of termination (or termination pay) and severance pay under the ESA. An employee may want to sue their former employer in court for "wrongful dismissal". Employees should be aware that they cannot sue an employer for wrongful dismissal and file a claim for termination pay or severance pay with the ministry for the same termination or severance of employment. An employee must choose one or the other. Employees may wish to obtain legal advice concerning their rights.

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A number of expressions are commonly used to describe situations when employment is terminated. These include "let go," "discharged," "dismissed," "fired" and "permanently laid off."

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This article explains how and what a wrongful dismissal is, and the difference between different dismissal from your employer.

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Many downsized employees feel they were unjustly terminated, but in legal terms that refers to a specific situation.
By Mark Swartz
There's some confusion about what "wrongful dismissal" means. So here's a simplified definition: it's when an employee gets terminated without cause (that is, they haven't been fired for cause), but there is not enough severance offered - or none at all.

These conditions may not always be clear-cut. For instance, there could be issues about how much severance is considered sufficient.

This article covers wrongful dismissal basics from an employee perspective. It can help make you more aware of your employee rights and options.
About Wrongful Dismissal
In Canada, an employer has the right to terminate an employee in one of two ways:
a) for cause without notice (getting fired), without payment of a severance package.
b) termination without cause, after giving the employee reasonable notice or payment of same.

Severance pay is money and benefits a downsized employee may be entitled to. It's meant to provide financial support to ease transition from one place of work to another.

Complexity can arise in a wrongful dismissal because notice and severance are based on a number of factors. An employee's age, years of service, probability of finding replacement employment, and character of employment, all figure into the equation.
Wrongful Dismissal Versus Constructive Dismissal
Some people mix up wrongful dismissal with constructive dismissal. The two phrases are actually related legal concepts, united under the category of unjust termination.

In wrongful dismissal the employee gets terminated, but isn't offered enough severance. With constructive dismissal, the employee is not let go. However the terms of their employment are so altered by the employer it's as if the employment contract has been shattered.
For Employees Under Federal Jurisdiction
Do you work for a bank, airline, federal government agency or crown corporation? If so, provisions for wrongful dismissal fall under Part III of the Canada Labour Code.

This covers all employees, managers excluded, who have completed at least 12 consecutive months of continuous employment with the same employer, and who are not covered by a collective agreement.

Employees under federal jurisdiction should respond quickly if they feel they've been wrongfully dismissed. They can request, in writing, a written statement from their employer giving the reasons for dismissal. The employer must reply within 15 days after the request is made.

The affected employee can file a complaint alleging unjust dismissal at any Labour Program office no later than 90 days from the date of the termination.
Private Sector Employees
Canada's ESA (Employment Standards Act) allows for only minimum severance pay in a downsizing.

Private sector employees who are terminated without just cause may have certain added entitlements in common law (or other legislation). They ought to receive the continuation - or replacement cost - of all employee related benefits that they would have received had they been given reasonable notice.

These additional rights could amount to considerably more than the minimums provided by the ESA. However pursuing these claims generally involves taking the employer to court.
Legal Obligation Of Employee To Mitigate Damages
After submitting a claim for wrongful dismissal, the employee is obliged to mitigate damages. This simply means that they must try to find gainful employment, not sit idly by waiting for a Labour Board or court award.
Get Advice Before Signing Off
Since the amount of damages for wrongful dismissal varies by situation, anyone who has been dismissed without reasonable notice (or without pay in lieu of that notice), is wisely advised to seek affordable legal advice from an employment lawyer prior to signing a release, and before accepting the employer's settlement offer.

It can be intimidating to challenge an employer that acts unfairly. Decide in advance if it's worth the time and costs to do so.

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Why Wrongful Dismissal May Not Mean What You Think

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Many downsized employees feel they were unjustly terminated, but in legal terms that refers to a specific situation. By Mark Swartz There's some confusion about what "wrongful dismissal" means. So here's a simplified definition: it's when an employee gets terminated without cause (that is, they haven't been fired for cause), but there is not enough severance offered - or none at all.

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This video is a step by step how to bring a law suit against your employer for wrongful dismissal.

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What to Expect from a Wrongful Termination Lawsuit

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Wrongful Dismissal, Meaning, Definition and Explanation.

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Wrongful Dismissal, Meaning, Definition and Explanation.

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This video gives you all the information on the meaning, definition and explanation of wrongful dismissal. It gives you clarification on this matter.

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What is WRONGFUL DISMISSAL? What does WRONGFUL DISMISSAL mean? WRONGFUL DISMISSAL meaning

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I feel in this image his coworkers are laughing as he is being wrongfully terminated.

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This image is an article on wrongful dismissal.

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This image for me shows how you can you can fight a wrongful dismissal.

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This video talks about potential damages that can occur with a wrongful dismissal claim.

The video talks about how they would go about a wrongful dismissal case/claim, how they calculate monthly worth and salary.

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Today I want to talk about the potential damages that you can recover in a wrongful dismissal claim.

Usually when we talk about damages for wrongful dismissal, we look at the number of months, we try to calculate what a month is worth and we take into account salary, bonuses, commission, benefits, car allowance, pension, etc. And when we negotiate a settlement, we might throw in a token amount for the cost of finding new work, but that's usually an afterthought.

A recent decision out of Ontario, however, confirms that in the right circumstances that can have a significant value. In fact, in Robinson v. Heinz, the amount was over $45,000 to compensate the plaintiff for her costs of finding new work. Why were they so high? In that case, she found that it would be best for her to move back to southwestern Ontario in order to find new work, and the court found this was reasonable, because in this case she had relocated from Southwestern Ontario, her home, to Toronto, at the request of the defendant, Heinz, and it was perfectly reasonable for her to find that her best odds of finding new work would be to go back home where she had her deep roots and contacts. So in that case, she was entitled to compensation for some of the expenses, such as land transfer tax, and other expenses incurred in selling her home and buying a new home, costs of commuting until she had a new home, meals, hotels, etc. - and again that was over $45,000.

So just a brief note for employers to keep in mind that if you're going to let someone go, don't only look at " severance ", but look at other damages that might be appropriate in the right case, and if you're an employee that is looking for new work, you have a duty to mitigate by making a reasonable effort to find new work. If it will be reasonable to incur costs of relocation, for example, you may well be entitled to compensation or reimbursement for those costs, so don't walk away until you assess those, and of course see an employment lawyer, get proper legal advice, and don't leave money on the table.

Thanks, have a great day.

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Potential Damages in Wrongful Dismissal - What Employee May Recover

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Today I want to talk about the potential damages that you can recover in a wrongful dismissal claim. Usually when we talk about damages for wrongful dismissal, we look at the number of months, we try to calculate what a month is worth and we take into account salary, bonuses, commission, benefits, car allowance, pension, etc.

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This is the word document for wrongful dismissal.