wrongful dismissal claim
Wrongful dismissal occurs when an employer fires an employee in breach of their contractual employment agreement or Ontario employment laws. It can occur when an employer fails to provide adequate notice or severance pay, terminates the employee without cause, fires the employee in retaliation for exercising their rights or for filing an employment law related claim, or dismisses the employee in bad faith.
If you believe that your employer has wrongfully dismissed you, it is important to contact a Toronto wrongful termination lawyer as soon as possible. An experienced lawyer can help you understand your rights and entitlements under the law. They can also help you build a strong case to get the compensation that you deserve.
Getting fired is never easy, but it can be even more devastating when you feel like your employer was unfair or inappropriate in the manner that they terminated you. Wrongful termination claims are complex legal cases that require thorough preparation and legal representation. If you want to find out more about your potential legal claim, speak with a Toronto wrongful dismissal termination attorney at Monkhouse Law.
What should be included in a wrongful dismissal claim?
Many people have heard of mass job loss stories in the media and know that the terms layoff and firing are often used interchangeably, but in fact there is a distinct difference between these types of events and the impact on the employees who were laid off or fired. While a mass layoff is typically the result of a company going bankrupt or undergoing massive restructuring, the firings are generally due to poor performance or illegal activities. In both of these cases, the employees may be entitled to compensation under a wrongful termination claim.
While most non-unionized workers in the private sector in Ontario do not have a written employment contract, they can still be terminated at any time by their employer for a variety of reasons. For these non-unionized employees, the termination process is governed by Ontario employment standards and includes certain requirements for notice of termination and severance pay. In general, the amount of damages awarded for wrongful dismissal lawyer will be equivalent to the net value of an employee’s salary and other contractual entitlements (bonuses and commissions) during the period that they would have worked, if they had not been dismissed, plus the cost of a replacement job, and additional costs for aggravated and punitive damages.
Evidence is essential to building a successful wrongful termination case. Thoroughly reviewing documents such as employment contracts, performance reviews, emails and witness statements can be crucial in showing that your employer behaved unethically or illegally in the firing process. For example, evidence of discrimination based on race, gender or age can be very compelling in demonstrating an improper motivation for terminating the employee.
In addition to a basic wrongful termination claim, an employee can be awarded damages for a variety of other reasons, such as sexual harassment and office bullying. An experienced Toronto wrongful termination lawyer will know the complexities of this type of case and be able to help you build a strong case to win compensation.