Employment Law Practice
- Wrongful Dismissal in Ontario
- Constructive Dismissal in Ontario
- Reasonable Notice
- Severance Packages
- Cause for Dismissal
- Employment Contracts
- Independent Contractor vs. Employee
- Human Rights and Discrimination
- Sexual Harassment
- Statutory Complaints
- Non-Solicitation Agreements
- Non- Competition Agreements
- Damages for Bad Faith, Mental Distress and Personal Injury
- Personal Harassment or Bullying
- Employment Insurance Benefits
- Workplace Investigations
- Workers’ Compensation Claims
- Privacy Issues and the Workplace
- Unionized Employees and Duty of Fair Representation Complaints
- Conspiracy Claims in Employment Law
- Class Action / Mass Terminations
Wrongful Dismissal in Ontario
Wrongful Dismissal in Non-Unionized Work Environments
An employer is permitted by law to terminate employees from their job as long as an advanced warning or payment, known as severance, is provided.
An employee is wrongfully dismissed when an employer terminates the employee without notice of termination or a fair payment in lieu of notice. What is most often disputed in wrongful dismissal cases is the amount of notice or pay in lieu of notice that an employee is entitled to because there are a wide range of factors that need to be considered. Factors include an employee’s salary, age, tenure as well as entitlement to all non-discretionary payments that he/she earned while employed.
Whitten & Lublin Employment & Labour Lawyers are experts in wrongful dismissal matters
There are hundreds of law firms in the Toronto area and across Canada that will say they can handle your wrongful dismissal case. There are only a handful that have the expertise, experience and reputation to set them apart. Whitten & Lublin Employment & Labour Lawyers has successfully represented thousands of employees and employers in wrongful dismissal claims, including one of Canada’s largest ever group claims for wrongful dismissal in Cardenas v. Kohler Canada Co. We have solid track record of challenging the law and have represented clients who have been awarded some of the largest severances in Canada.
More Information on Wrongful Dismissal
Misconduct vs Just Cause for Dismissal
In some cases, employers may claim that the employee committed some form of misconduct that eliminates the need to provide reasonable notice or severance. In this scenario, the employer states that it has “cause for dismissal.” An employer who claims cause for dismissal is not required by law to make any payments to an employee. Many employees in this situation sue for wrongful dismissal, claiming that the reason for their dismissal does not justify the employer’s decision to withhold pay or that the employer’s decision to allege cause was made in bad faith.
Is it even a Dismissal?
It is not always entirely clear if you have been dismissed. It is critical to meet with one of our employment lawyers before signing any documents to determine if you are entitled to severance and to ensure that your legal position is not prejudiced by any steps that you take.
Read our employment law articles about wrongful dismissal for more information.