employment lawyer? What is constructive
dismissal? What is wrongful
dismissal? What is unjust dismissal? What factors influence
severance package? Can employers ask for a
doctor’s note? If you get injured at work,
do you get paid? Can you sue your
employer? Can you be fired for not
getting vaccinated? Can you get fired without
warning in Ontario? Can you work while on
long-term disability? If you quit, do you get
severance pay? You were laid off as part
of mass layoff. How much
severance can you get? You got laid off. Can you
collect employment
insurance? You got laid off without
warning. What are your
options? Can you get severance if
you resign? What can you do if you
are being harassed at
work? You got fired during
probation. Can you get
severance pay? Who qualifies for
severance pay in Ontario? What is Retirement
Allowance? Is Retirement
Allowance part of a
severance package? You got fired because you
are a person of minority.
What are your options?
When do you need an employment lawyer?
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.
What is constructive dismissal?
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.
What is wrongful dismissal?
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.
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What is unjust dismissal?
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.
What factors influence severance package?
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.
Can employers ask for a doctor’s note?
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 get injured at work, do you get paid?
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.
Can you sue your employer?
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.
Can you be fired for not getting vaccinated?
Many employers put in place mandatory vaccination policies in late 2021, and employees who did not comply were often terminated or put on unpaid leaves of absence. Courts have begun to rule on such cases, generally siding with employers. However, through an experienced employment lawyer, it is still possible to secure severance packages through negotiations.
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Can you get fired without warning in Ontario?
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.
Can you work while on long-term disability?
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 quit, do you get severance pay?
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.
You were laid off as part of mass layoff. How much severance can you get?
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.
You got laid off. Can you collect employment insurance?
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.
You got laid off without warning. What are your options?
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.
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Can you get severance if you resign?
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.
What can you do if you are being harassed at work?
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.
You got fired during probation. Can you get severance pay?
Even if you are fired during a probationary period, you may still be entitled to a severance package. Also, workers are not automatically on probation when starting a new job. Probation is something that needs to be negotiated as a specific term of employment and written into an offer or hiring letter.
Who qualifies for severance pay in Ontario?
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.
What is Retirement Allowance? Is Retirement Allowance part of a severance package?
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.
You got fired because you are a person of minority. What are your options?
Employers cannot discriminate against you based on your race, religion, gender, medical disability or any other protected ground under the Human Rights Code. If your employment is terminated because of one of these protected grounds, you may be entitled to additional compensation in addition to your regular severance package.
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How can Whitten & Lublin employment lawyers help me?
Speaking to an experienced employment lawyer will remove the confusion around these topics and many more regarding your workplace rights. The employment lawyers at Whitten & Lublin have handled thousands of employment cases. We will help you get clarity and control of your employment matter by exploring strategies and options you should consider, and ensuring your legal rights are protected.
If you are facing any kind of employment matter, you can count on the employment lawyers at Whitten & Lublin to be in your corner.
Your employment
is our specialty
In need of legal advice? We are committed to treating your case with the care, dedication, and compassion that you deserve. Contact our employment and labour lawyers today to learn how we can help you understand and resolve your workplace legal matter.
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