Wrongful Dismissal Lawyers in Ontario

If you have been terminated from employment without cause, then the reason doesn’t matter. The term ‘wrongful dismissal’ does not refer to a reason, but to whether or not you were given proper notice or pay in lieu. It’s more about compensation than reason.

You have two years from the date of termination to commence a claim for wrongful dismissal in Ontario.

In some cases, it may be difficult to determine what the date of termination actually is; therefore, it is important to consult a lawyer as soon as possible so you can determine what the termination date is and how much time you have to take action.

It is also important to speak with a lawyer if you believe you have experienced a wrongful dismissal but your employer is alleging they had what is referred to as 'just cause' to dismiss you.

You should always keep a written record of events that occurred so you can provide your lawyer with an account of what transpired.

The amount of notice an employee should be getting depends on the employment agreement and how long they have worked for the employer. However, according to the Employment Standards Act, 2000, there is a maximum limit of 8 weeks notice which includes benefits. The Canada Labour Code states that an employee is entitled to at least 2 weeks notice if they have worked for the employer for at least 3 months. 

If there is no employment agreement in place, then common law takes affect. Factors that will determine the amount of notice depend on various factors including age, salary, years of service and position. The maximum common law notice period is 24 months.

There are a variety if things to consider when calculated the proper severance pay or compensation that an employee is entitled to.

These include:

• Length of employment
• Salary
• Age
• Ability to find new work
• Benefits
• Bonuses

It can be as much as 24 months pay or as little as 2 weeks; depending on the above criteria. This severance pay calculator can be used as a general way to determine what your severance pay should be. However, the experienced lawyers at Aaron Waxman and Associates will be able to determine if you are entitled to more.

The Employment Standards Act, 2000, states that an employee is entitled to their benefits for a minimum period of time. This depends on your length of service, but is between 1 and 8 weeks. However, you could be entitled to more benefits. This will depend on your employment contract or the common law. Speak to an experienced employment lawyer to find out if you are entitled to more benefits.

If you need economic assistance after being terminated, then yes, you should apply for EI as soon as you can.

Your employer may say you have abandoned your job or are not on an approved leave, even though medical evidence supports your inability to work.  

You should contact an employment lawyer as soon as possible as a lawyer can help you to determine if you have received a fair termination package or if you have been treated unfairly and advise you of your rights and your options.