Termination Disputes
You can be terminated from your job without any reason, if your employer provides you with severance
Your employer has the right to dismiss you without reason, if they provide proper advanced warning or payment, known as Severance. In this situation, the amount of your severance you receive must be fair and reasonable.
Sometimes, your employer can terminate you without any warning or severance but only if you have engaged in very serious misconduct. This is known as a dismissal for “just cause”. Your employer has a legal duty to demonstrate that your behaviour was so bad that no other alternative existed but to immediately dismiss you.
Why do termination disputes occur?
In Canada, your employer must follow very specific laws that govern termination and by extension termination pay. Termination along with termination pay in Ontario, are governed by the Ontario Employment Standards Act and the common law. If your employer has not appropriately applied these laws, and not provided you with all your legal entitlements, you may choose to dispute the terms of your exit and severance pay in Ontario, with your employer. However, you will only know this if you speak to an employment lawyer.
How do I know if I need an employment lawyer when I’ve been terminated?
You should always speak to an experienced wrongful termination lawyer if you have been terminated, to better understand your rights and options.
- You will receive the peace of mind in knowing whether the circumstances surrounding your termination were legal or fair.
- A wrongful termination lawyer can help you to understand whether the terms of any severance proposal should be improved and help get you what you are entitled to regarding termination pay in Ontario.
- An experienced employment lawyer can review your situation to determine if you have a wrongful dismissal or bad faith discharge claim and advise you on the best course of action.
- There are cases where a lawsuit or another legal complaint process should be started. It is important to get good advice from the outset to maximize your chances of obtaining the best possible outcome in wrongful termination claims.
Control your outcome. Consult with Whitten & Lublin for guidance from a termination dispute lawyer.
Learn more about the different types of Termination Disputes
Wrongful Dismissal
Constructive Dismissal
Unjust Dismissal
Dismissal for Just Cause
Bad Faith Discharge
Temporary Layoffs
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