Wrongful Dismissal
Been terminated? The good news is this: an employee is almost always entitled to more pay on termination than the minimum amounts set out in the Employment Standards Act.
Guy Hunter can help you get compensated if you are fired, terminated, or dismissed.
A wrongful dismissal is the legal term used when an employee is dismissed, fired, or terminated. Unless there is a violation of human rights law, a non-unionized employee has no right to a job or to reinstatement in employment.
What a non-unionized employee has on termination is the right to compensation in money or “reasonable notice.” Luckily reasonable notice in Ontario is usually quite generous, and usually many times greater than the statutory notice (and sometimes severance) pay which is mandatory under the Employment Standards Act.
Lots of employees know about their ESA (Employment Standards Act) entitlements (to some weeks of pay on dismissal) but not their common law rights. Be careful. If you try to just go after your ESA rights, you can limit your common law right to more money.
Generally, Guy Hunter does not represent unionized employees.
Ensuring that you are properly compensated for your years with the company in the form of reasonable notice is a crucial step in exiting a company.
If the employer is willing to pay you a reasonable sum on dismissal you can save on the legal costs of negotiating an amelioration of the package.
Your notice period will depend on many factors including your years of service, your age, whether you supervise people, and the nature, or “character,” of your job. Reasonable notice generally includes all compensation that would have been paid to you before you were dismissed, including health and dental benefits, bonuses, and even stock options, if they were ordinarily paid to you.
Sometimes, but not usually, you may also be entitled to extra damages for a bad faith dismissal where the employer falsely accuses you of theft, for example.
If you have been terminated, contact Guy Hunter to see how he can assist.
When every attempt is made to provide helpful information in this website, you may not rely on the information above as legal advice.