Employment lawyers can assist with a wide variety of disputes or issues between an employer and employee. Anyone who is experiencing an issue with their employer or any employer who is dealing with a problem employee can benefit from legal advice from a good employment lawyer.

Your employer cannot make fundamental changes to your job, without your consent. However, many employers may try to do so. Constructive dismissal occurs when your job has changed in a significant way with which you do not agree. When your employer attempts to do this, you can argue that your employer has breached the terms of the employment and terminated the employment relationship. If this can be demonstrated, you are entitled to a severance package. Some examples of changes that could lead to constructive dismissal include a substantial pay cut, change in level of responsibility, temporary lay off, or bullying an employee with the effect of pushing the employee out of the workplace.

You have been wrongfully dismissal if you were let go without proper notice or fair payment in place of notice. As a result, you can seek a severance package from your previous employer. Wrongful dismissal cases can occur either when an employee is terminated without cause and when an employer alleges just cause for ending the employment relationship. You have up to 2 years to start a wrongful dismissal lawsuit through the court system.

Unjust dismissal is a type of case that terminated employees who work for a federally regulated employer, like a bank, can bring forward against their employer. These employees can pursue a wider spectrum of remedies, such as seeking to be reinstated to their employment position. However, unjust dismissal cases are much more time sensitive as they must be brought forward within 90 days of the termination occurring.

Your severance package entitlements might be legally laid out in your employment contract. This is something you should pay careful attention to when entering into an employment contract. If your employment contract does not legally restrict your severance package entitlements, the main factors that a court looks at in assessing your entitlements include how long you worked for your employer, your age, and the role or type of work that you did for your employer.

If you are seeking medical accommodations from your employer, your employer may need medical documentation from your doctor to properly accommodate you. In such a situation, you will need to provide medical documentation to support your accommodation request.

If you suffer a workplace injury, you may apply for benefits through the Workplace Safety and Insurance Board, which can then award you payment of loss of earnings benefits and ensure that your medical costs are paid for.

If you have been wrongfully dismissed, constructively dismissed, discriminated against, harassed at work, or otherwise mistreated, you can bring legal action against your employer to seek compensation for your employer’s misconduct.

Your employer can terminate you at any time without cause provided they offer you a fair severance package (or reasonable notice of termination) and that the termination was not conducted in a discriminatory manner. Your employer can only terminate you with just cause, meaning without a severance package or notice of termination, if you engaged in misconduct so severe that no employer should be expected to tolerate it. However, there is an extremely high burden placed on employers by the courts to prove that an employee’s misconduct is so severe that no severance should be paid.

You cannot “double dip” and receive both a salary and disability benefits at the same time, which is also true following a termination of employment in a severance package situation.

If you voluntarily resign from your employment, you are not entitled to a severance package. If you are considering resigning from your employment because you are being mistreated at work, you should speak to an employment lawyer prior to resigning because you might have a constructive dismissal case. This would allow you to seek a severance package instead of leaving the employer empty handed.

If you were laid off as a part of a mass layoff, you could be entitled to an enhanced severance package. A mass layoff occurs when 50 or more employees are terminated by an employer within a four-week time-period.

Generally, if you were terminated without cause, then you are entitled to employment insurance. If you were terminated with just cause or resigned, you are not entitled to employment insurance.

If your employer does not terminate you for just cause, you are entitled to a severance package. The severance package you are entitled to will depend on several factors, including whether your employment contract legally specifies what you are entitled to.

You are not entitled to severance pay if you voluntarily resign. If you are considering resigning from your employment because you are being mistreated at work, you should speak to an employment lawyer prior to resigning because you might have a constructive dismissal case. This would allow you to seek a severance package instead of leaving the employer empty handed.

If you are being harassed at work you might have a case for constructive dismissal, where you might be able to argue that your employer has pushed you out and you are entitled to a severance package. Alternatively, workplace health and safety legislation protects you from being harassed at work and you can pursue remedies in that regard as well.

Generally, if you were terminated within your probation period you are not entitled to a severance package.

Statutory severance pay is something you are entitled to if you have been terminated without cause and were employed for 5+ years and your employer has a total payroll of $2.5 million or more.

A retiring allowance is a method for paying out a severance package that allows the terminated employee to receive their severance package at a lower tax rate. The term “retiring allowance” is deceptive, however, as it does not require you to retire. The CRA prescribes the tax rate for a retiring allowance based on the significance of the severance package.

If your employer does not terminate you for just cause, you are entitled to a severance package. The severance package you are entitled to will depend on several factors, including whether your employment contract legally specifies what you are entitled to.