Change in Ownership Affect Wrongful Dismissal Claims
Wrongful dismissal, or unjust termination, is a serious matter. It can lead to significant financial loss and emotional distress, especially for individuals who have families. As such, employers in Canada must be very careful when firing employees. It is not permissible for them to fire workers for illegal reasons, and they must ease the financial burden of job loss when doing so. If a dismissed worker has evidence that their employer did not meet these obligations, it can be grounds for legal action.
The laws that apply to wrongful dismissal vary from jurisdiction to jurisdiction. In general, however, there are two key things that are required to constitute wrongful dismissal: (1) the employer did not have a valid justification for firing the employee, and (2) the employee was not provided with reasonable notice of the termination before being fired. The first requirement applies regardless of whether the employee was employed at-will or under contract. The second requirement is more complicated.
A change in ownership, for example, may impact a wrongful dismissal toronto claim. In some jurisdictions, such as the United Kingdom, the law protects workers when a business is sold or transferred under a legal merger. Under this rule, employees are protected by the Transfer of Undertakings (Protection of Employment) Regulations 2003, and must be offered equivalent employment in the new company within six months of being transferred. This protection applies even when only a department or division of the company is being transferred, not the whole business.
How Does a Change in Ownership Affect Wrongful Dismissal Claims?
In some cases, the employee’s contract with the old company may entitle them to a certain amount of notice or severance pay upon termination. It is important for a dismissed worker to know if they are entitled to this compensation, and to consult an experienced employment lawyer as soon as possible in order to determine the strength of their case and to ensure that they have not missed any deadlines to file a lawsuit.
It is also helpful for dismissed workers to obtain copies of their employer’s documentation in their case, including any documents that refer or relate to the termination. For example, if the firing was for alleged misconduct or performance issues, it would be beneficial to review any previous performance reviews and warnings that may have been issued.
If you believe that you have been wrongfully dismissed, contact Minken Employment Lawyers to discuss your case. We are an employment litigation firm that serves clients in Toronto, the Greater Toronto Area (Markham, Scarborough, Pickering, Ajax, Oshawa, Richmond Hill, Vaughan, Woodbridge, etc), Ontario and across Canada. We offer free initial consultations. Our team of highly skilled and dedicated employment lawyers is committed to representing you aggressively and effectively. We will fight to ensure you receive the compensation you deserve. Contact us today to set up a meeting with one of our wrongful dismissal lawyers in Toronto.