WRONGFUL DISMISSAL

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Have you been fired or let go from your job?

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In Ontario, employers may fire an employee under two circumstances: with cause and without cause.

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An employer may fire an employee for “cause,” meaning that there are circumstances and reasons why the employer believes they are justified in firing an employee. An employer who can show “cause” for firing an employee is not liable to give notice ahead of time or provide the employee with severance pay. However, there are regulations and rulings from previous lawsuits prescribing what constitutes just cause for firing an individual. Even if the firing of an individual is justified, an employer may be liable to pay damages for the manner in which they fired the employee.

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An employer is allowed to fire an employee “without cause” at any time, but must provide notice of this termination ahead of time or payment of money instead of notice. The payment of money instead of giving notice is referred to as severance pay. Severance pay depends on several factors, such as the length of time an employee worked for the company, the employee’s age, and the availability of similar job opportunities. 

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A wrongful dismissal occurs when an employer fires an employee without providing the legally required notice ahead of time or severance pay. An employee can also be wrongfully dismissed based on the manner in which they were fired. In this case, a terminated employee may be entitled to compensation and may have cause to begin a legal action.

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If you have been dismissed from your job by your employer, call or email Srebrolow Lebowitz Spadafora today for a free consultation to learn what remedies may be available for you.