Can You Sue For Being Wrongfully Fired?
Understanding Wrongful Dismissal in Ontario
If you’ve recently lost your job and suspect that you may have been wrongfully dismissed, it’s essential to understand your rights and the legal avenues available to you. In Ontario, wrongful dismissal occurs when an employee is terminated from their position in violation of their employment contract or legal rights. This blog will guide you through what constitutes wrongful dismissal, the possibility of suing for wrongful dismissal, and some scenarios you might encounter if you decide to pursue legal action.
What is Wrongful Dismissal?
Wrongful dismissal often happens when an employer terminates an employee without proper cause, without providing appropriate notice or compensation, or as an act of discrimination of reprisal for a complaint. In Ontario, employment is generally governed by both the common law and the Employment Standards Act, 2000 (ESA).
Under Common Law: If your employment contract does not validly specify the conditions under which you can be terminated, the common law applies. This means that you are entitled to reasonable notice or pay in lieu of notice if you are dismissed without cause. What constitutes “reasonable notice” depends on various factors including the length of your employment, the nature of your job, and your age. While many employment contracts may try to restrict entitlements on dismissal, be sure to have a lawyer review your contract to determine whether it is actually enforceable.
Under the ESA: This legislation provides minimum standards for statutory notice and severance pay in cases of dismissal. However, it often falls short of what you might be entitled to under common law. The ESA sets out the minimum notice periods and severance entitlements based on the employee’s length of service and company size.
Circumstances Leading to Wrongful Dismissal
Several scenarios can lead to wrongful dismissal claims:
- Lack of Proper Notice: If your employer terminates your employment without providing the required notice period or pay in lieu of notice, you might have a claim for wrongful dismissal.
- Constructive Dismissal: If your employer significantly changes the terms of your employment without your consent—such as a drastic reduction in salary or a demotion—you might be considered to have been constructively dismissed. This essentially means you are forced to resign due to the adverse changes imposed by the employer.
- Dismissal for Discriminatory Reasons: If you are terminated due to discrimination based on race, gender, age, disability, or any other protected ground, this can be considered wrongful dismissal. This falls under the Ontario Human Rights Code and may warrant a different legal approach.
- Reprisal: If you are fired for exercising your legal rights, such as filing a complaint about workplace safety or claiming statutory entitlements, this could be deemed wrongful dismissal.
Can You Sue for Being Wrongfully Fired?
Yes, you can sue for being wrongfully fired if you believe that you fall under one of the circumstances listed above. The legal process for pursuing a wrongful dismissal claim typically involves several steps:
- Consultation with a Lawyer: Before initiating any legal action, it’s crucial to consult with an experienced employment lawyer. They can help you assess the strength of your case and provide guidance on the best course of action.
- Filing a Claim: If you decide to proceed, your lawyer will help you file a claim, either through the courts or through alternative dispute resolution mechanisms such as mediation or arbitration.
- Negotiation: In many cases, disputes are resolved through negotiation. Your lawyer might negotiate with your former employer to reach a settlement that compensates you for lost wages, severance, or other damages.
- Mediation: If negotiation fails, mediation is a common next step. Mediation involves a neutral third party who helps both sides reach a mutually acceptable resolution. This process is generally less formal and less expensive than going to trial.
- Trial: If mediation or negotiation does not resolve the dispute, you may need to proceed to trial. At trial, a judge will hear both sides of the case and make a determination on whether wrongful dismissal occurred and, if so, what compensation is warranted.
What to Expect If You Decide to Sue
If you sue for being wrongfully fired, here are some scenarios you might encounter as the process unfolds:
- Settlement Before Trial: Many wrongful dismissal cases are settled before reaching court. Most settlement negotiations can lead to a compromise where you receive a monetary settlement or other forms of compensation without the need for a full trial.
- Mediation: Mediation can help resolve disputes by facilitating a dialogue between you and your former employer. This can be a more efficient and less adversarial way to reach a resolution than going to court.
- Trial: If mediation does not succeed and a settlement cannot be reached, the case will proceed to trial. Trials can be lengthy, costly, and uncertain. The court will evaluate evidence, hear witness testimonies, and make a ruling based on the facts presented.
- Appeals: If either party is dissatisfied with the trial outcome, they may have the option to appeal the decision. Appeals are typically based on claims that the trial court made errors in law or procedure.
Conclusion
Navigating a wrongful dismissal claim in Ontario involves understanding your rights and the potential remedies available to you. If you find yourself asking, “Can I sue if I got fired for wrongful dismissal?” the answer is yes, but the process can vary from case to case. Consulting with an employment lawyer is crucial to ensure that you receive the proper advice and representation throughout this process.
Whether you settle through negotiation, resolve issues via mediation, or proceed to trial, knowing your rights and options will empower you to make informed decisions about your wrongful dismissal claim.
To better understand your employment rights, we encourage employees 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