Wrongful Dismissal
Generally, dismissed employees should receive a severance package
In Canada, if you work in a non-unionized work environment, your employer is allowed to terminate you from your job without reason or cause, but only if a reasonable notice or payment, known as severance, is provided.
A wrongful dismissal occurs when you are terminated and not given proper notice or if you are terminated and not given appropriate termination pay in lieu of notice. How much severance pay are you legally entitled to? The amount is based on numerous factors including your age, tenure, your position, and the availability of other employment.
Experienced Toronto wrongful dismissal lawyers will be able to quickly identify whether the severance offer you received was sufficient or whether and how it should be improved. In some cases of wrongful termination in Toronto, your employer may claim that they have just cause to terminate you for some form of misconduct, so that they do not have to offer you any form of severance. However, only the most serious form of misconduct will meet this test.
If you were presented with an offer of severance, chances are that there are some deficiencies. This could be that the company did not offer you as much severance as you are entitled to or that the terms of the severance offer does not take into account your total and overall compensation. Your entitlement may be more than your company is offering, based on your age, tenure, position, and past precedents. Make sure your severance package is fair and reasonable; consult our severance pay calculator here.
For multiple reasons, it is important to seek legal advice quickly from a Toronto wrongful dismissal lawyer, so that you can understand your options and figure out if you have the grounds for a wrongful termination claim.
If your employer has fired you for alleged misconduct, this is something that they will need to prove you were responsible for, and that your misconduct was so grave that you are disqualified from a severance package. Ontario employees have the right to pursue wrongful dismissal claims based on the argument that the decision to withhold any severance from you was improper.
Our lawyers for wrongful termination serving Ontario have extensive experience in wrongful termination cases in Toronto and other areas, having represented thousands of employees who have faced wrongful dismissals. Our skills, experience and the reputation of our employment law firm are widely recognized in the industry, leading to our being named one of Canada’s Top Employment and Labour Law Firms by Canadian Lawyer Magazine for 4 years, most recently in 2024. In addition to wrongful dismissal cases or constructive dismissal cases, we help employees with all types of workplace disputes, including employment contract reviews, disability insurance claims, and many others.
When they think they hold all the cards, show them you have more power than they think. Let the employment lawyers at Whitten & Lublin help you.
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