Wrongful Dismissal / Termination of Employment
Have you been wrongfully dismissed?
“Laid off”, “let go”, “position eliminated”, “terminated” – there are many euphemisms for being fired. Often, these words hide the truth that the employee has been wrongfully dismissed.
The good news for is that if you have been fired, odds are you were wrongfully dismissed, and are entitled to compensation.
If you have been fired without notice for any reason other than “just cause,” or if you have been constructively dismissed, you have been wrongfully dismissed . Where an employer has “cause” for dismissal, the fired employee is owed nothing other than wages and other entitlements outstanding.
“Just cause” is a legal concept, and only a qualified employment law expert can tell you whether you were wrongfully dismissed. Your employer might assert that you were fired for cause. It is a very difficult test for an employer to meet. In this situation, your employer wants you to believe you are entitled to nothing.
What are wrongfully dismissed employees entitled to?
Employees who have been wrongfully dismissed are entitled to “reasonable notice”, or, much more frequently, pay in lieu of notice (known as severance).
You also have specific legal rights under employment legislation regarding notice periods, severance and other compensation – including having your benefits continue during the notice period. Don’t be fooled by terms in your employment contract that seeking to limit these entitlements upon termination. Often, such contractual terms are unenforceable.
Should I sign my exit/severance agreement?
Don’t sign an exit agreement until you have spoken with us. Although your employer may not tell you this, you have a right to consult a lawyer before signing.
It may be tempting to take the offer and move on with your life. But by accepting your employer’s exit agreement, you may be signing away your right to sue for severance pay amounting to months or even years of wages.
A growing number of employers also expect a departing employee to sign a document agreeing to the termination arrangements that have been offered by the company; and those terms often include restrictions on post-employment activities. This is especially true with senior management, and people who have direct contact with customers or clients.
What can Levitt LLP do for me?
The lawyers at Levitt LLP are Canada’s leaders in employment and labour law. We are relied upon by thousands of employees to handle their wrongful dismissal claims, and we have a reputation for achieving results for our clients.
Don’t rely on boilerplate advice, as each employee’s situation is unique. As the country’s leading employment law experts, we can help you determine what you are entitled to, and pursue that amount from your former employer.
Schedule a consultation today with one of our lawyers to learn about your options.
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