Can I Sue For Being Wrongfully Fired?

Can I Sue For Being Wrongfully Fired?

An employee will often ask “can I sue for being wrongfully fired”?  The answer is yes if your rights have been violated.

Employees in Ontario have legal protections against various forms of mistreatment in the workplace, empowering them to seek justice when their rights have been infringed upon. First and foremost, an employee wanting to bring an action against their employer should seek experienced employment counsel to understand their rights and the remedies available to them.

When can I sue my employer for being wrongfully fired?

While there are many different claims an employee may have against their employer, here are some key avenues through which employees can sue their employers for wrongdoing:

  1. Wrongful Dismissal: Wrongful dismissal occurs when an employer terminates an employee’s contract without providing adequate notice of termination or severance pay in place of notice. Ontario law mandates that employees receive proper notice of dismissal in most circumstances. This is often based on reasonable notice of dismissal, which considers factors like length of service and the nature of the employment. Employees can sue for wrongful dismissal if these obligations are not met.
  2. Discrimination: Ontario’s Human Rights Code prohibits discrimination based on protected grounds such as race, gender, age, disability, and more. If an employee believes they have been discriminated against in hiring, promotion, termination, or any other terms of employment, they can file a human rights complaint with the Human Rights Tribunal of Ontario. Successful complaints can lead to remedies including lost wages, damages for emotional harm and reinstatement.
  3. Reprisal: Employees are protected from reprisal or retaliation by their employer for exercising their rights under various statutes, including filing complaints or participating in investigations. Reprisal can take the form of termination, demotion, or other adverse actions. Employees who experience reprisal can file complaints with the appropriate regulatory body or tribunal, seeking remedies and protection from further retaliation.

Understanding your rights under Ontario employment law is crucial for asserting your legal protections in the workplace. Whether it involves being wrongfully fired, discrimination, or reprisal, employees have avenues to seek redress and ensure fair treatment. Consulting with an experienced employment lawyer can provide clarity and guidance tailored to your specific circumstances, helping you navigate the complexities of employment disputes effectively. By knowing your rights and taking informed action, you can uphold fairness and accountability in your work environment.

To better understand your employment rights, we encourage employees and employers to seek legal advice. We at Whitten & Lublin are happy to provide insight and advice into your specific circumstances. If you are looking for employment lawyers and would like more information about what Whitten & Lublin can do for you, please contact us online or by phone at (416) 640 2667 today.

Author – Rachel Patten