Wrongful Dismissal/ Termination

Fired without Cause? You have options.

Employees are fired every day across Canada and most don't think twice about it. For some, the reason is legitimate. But sometimes, the reasons are not legal and the compensation given to employees does not meet legal requirements.

So how can you know get the legal insights scoop regarding your case?

Is Your Termination a “Wrongful Dismissal?”

Have you been fired, laid off, or dismissed without reasonable notice? Has your company been restructured and you were terminated without proper payment? If so, you have been wrongfully dismissed. Furthermore, if you have been wrongfully dismissed you can often successfully sue your former employer for reasonable notice, termination pay and/or severance pay.

Some employment contracts contain legal technicalities that only an experienced workplace lawyer would notice. To make it easier for you to determine if you were wrongfully dismissed, the lawyers at Kornblum Law offer a free consultation. In that free meeting, we will be able to tell you whether your situation entitles you to legal remedies. You risk nothing by asking for a legal opinion.

More information on worker rights

But First - should you find another job in the meantime?

The answer is yes, you should look for and try to find another job after dismissal. When you do, you should keep track of all of your efforts to obtain a new job, such as the ads you reply to and what offers you receive (if any). Record all efforts and the responses you get from prospective employers.

What is Constructive Dismissal?

A constructive dismissal is a fundamental change to the terms of your employment. Before you resign, be sure to talk to a workplace lawyer to determine your rights and your plan of action so that you can get the compensation you deserve.
Some examples of potential constructive dismissal include:

  • A significant reduction in pay;
  • A significant change of your duties that reduce your responsibilities and effectively act as a demotion;
  • An environment that is hostile and abusive.

Just Cause Dismissals

There can be numerous actions that can constitute “just cause”. They can include actions like theft, sexual harassment and dishonesty. You should know that it is very difficult in Canada to prove just cause successfully in court. A lawyer at Kornblum Law can discuss your situation and any allegations that your employer says constitute just cause to terminate your employment, and give you a legal opinion on the strength of your case.

What kind of compensation should I have received?

If you were terminated without just cause, provincial legislation, such as Ontario's Employment Standards Act, or federal legislation, The Canada Labour Code, imposes minimum notice requirements that an employer is required to provide to you. Very often, however, you are entitled to significantly more than the minimums prescribed by the legislation. A lawyer at Kornblum Law can assess your case and give you a legal opinion about how much you are entitled to.

Read more about severance packages

If you were wrongfully dismissed, you should contact us. You are entitled to a free consultation with Kornblum Law - just call 905-LOST-JOB (905-567-8562) or email rkornblum@kornblumlaw.ca to schedule your meeting with a member of the legal team.