Wrongful Dismissal / Termination of Employment
Have you been wrongfully dismissed?
“Laid off”, “let go”, “position eliminated”, “terminated”, “packaged out” – there are many euphemisms for being fired. Often, these words hide the truth that the employee has been wrongfully dismissed.
The good news is that if you have been fired, terminated, packaged out, laid off, etc., 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 / termination, 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 lawyer can tell you whether you were wrongfully dismissed and, if so, to what you are entitled. Your employer might assert that you were fired for cause, but 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 a severance package).
You also have specific legal rights under employment legislation regarding notice periods, severance pay and other compensation – including having your benefits continue during the notice period. Don’t be fooled by terms in your employment contract that seek to limit these entitlements upon termination. Often, such contractual terms are unenforceable.
Should I sign my exit agreement, separation agreement or severance agreement?
Don’t agree to a severance package or sign an separation agreement or exit agreement until you have spoken with us. Although your employer may not tell you this, you have a right to consult an employment lawyer before signing.
It may be tempting to take the severance package and move on with your life. But by accepting your employer’s severance package, you may be signing away your right to sue for additional severance pay and other compensation 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 package that has been offered by the company; and those terms often include restrictions on post-employment activities, such as working for the competition or soliciting customers of the company. This is especially true with senior management, and people who have direct contact with customers or clients.
What can the employment lawyer at Levitt LLP do for me?
The employment lawyers at Levitt LLP are experts in employment law and labour law in Toronto, the GTA and across Canada. 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 employment lawyers, 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 employment lawyers in Toronto, the GTA or across Canada to learn about your options.
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