Bad Faith Discharge

Additional compensation is possible if your employer acts inappropriately during your termination
Here is the information you need to know about bad faith discharge.
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What is bad faith discharge?

Compensation from a wrongful dismissal claim is generally intended to cover the pay you would have earned during your reasonable notice period. However, if your employer’s conduct during your dismissal is dishonest, misleading, or excessively harsh, you may be entitled to additional compensation. 

Employers are legally required to act in good faith and fair dealing when terminating an employee, meaning they should dismiss you in a reasonable and respectful manner. If you experience additional harm because they are unfair, dishonest, misleading, thoughtless, harsh, or extreme in the way they terminate your employment, you could claim additional compensation for a bad faith discharge. 

If your dismissal caused mental distress due to unfair conduct, including workplace harassment or bullying, it is recommended to speak with an experienced employment lawyer.

How can an employment lawyer help you better understand if you can claim bad faith discharge compensation?

An employment lawyer from our team can help you understand if your situation warrants additional compensation for bad faith discharge. When an employer fails to adhere to their responsibilities, it is in every employee’s best interests to have a legal professional evaluate the situation. 

It is important to note that not all unpleasant behaviour qualifies for additional damages, but bad faith actions—such as dishonesty, misleading statements, or other unfair conduct—may warrant further compensation.

Our legal team will assess whether your employer’s conduct breached the duty of good faith and fair dealing. We’ll also examine whether the manner of dismissal caused harm to your reputation or career prospects, or resulted in prolonged mental distress—key factors in building a strong case for bad faith damages

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bad faith

What legal obligations do employers have during the termination process?

When terminating an employee, employers must follow Ontario’s legal standards of fairness and good faith throughout the employment relationship. This means that an employee’s dismissal must involve reasonable notice or pay in lieu of notice, and respect the employee’s dignity and reputation. 

If the employer engaged in conduct that is discriminatory, involved harassment, or violates human rights, the employee may be entitled to further compensation. Employers are legally required to treat their employees in good faith during their employment and the termination process.. If you believe that your termination was handled in bad faith, consulting with employment lawyers can help you fully understand your rights.

How Whitten & Lublin can help with bad faith discharge claims

Our experienced employment lawyers have worked with many clients to negotiate and, where required, litigate cases involving additional damages for bad faith discharge. Our skills, experience, and reputation are widely recognized by both clients and peers, making us one of the GTA’s most recommended labour and employment law firms.

To get clarity and control over your situation, book a consultation now.

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In need of legal advice? We are committed to treating your case with the care, dedication, and compassion that you deserve. Contact us to learn how we can help you understand and resolve your workplace legal matter.

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