Frequently Asked Questions About Wrongful Dismissal: Clear Answers for Employees

Introduction

Wrongful dismissal can be a confusing and stressful experience. Many employees have questions about their rights, the legal process, and what steps they should take after being terminated. Understanding the answers to these common questions can help you protect your rights and take informed action.

This guide addresses frequently asked questions about wrongful dismissal in Ontario, providing clear, practical answers for employees.

Frequently Asked Questions and Answers on Wrongful Dismissal

1. What is wrongful dismissal?

Wrongful dismissal occurs when an employer terminates an employee without providing adequate notice, severance, or compensation as required by law. This includes dismissals where termination clauses are invalid or notice periods fall short of common law entitlements.

2. Can my employer terminate me without cause?

Yes, employers in Ontario can terminate employees without cause, but they must provide proper notice or pay in lieu of notice. The amount of notice depends on your contract and common law entitlements, which often exceed Employment Standards Act (ESA) minimums.

3. What are my rights if I’m terminated without cause?

You are entitled to notice or severance based on your employment contract, the ESA, and common law. Factors such as your age, role, length of service, and availability of similar work influence your entitlements under common law.

4. What is constructive dismissal?

Constructive dismissal occurs when an employer fundamentally changes the terms of your job, such as cutting your pay, demoting you, or creating a toxic work environment, effectively forcing you to resign.

5. How much severance pay am I entitled to?

Severance pay varies based on your contract and circumstances. The ESA sets minimum standards, but common law often provides significantly higher compensation. An employment lawyer can calculate your full entitlement.

6. Should I sign a severance package immediately?

No, you should never sign a severance package without consulting a lawyer. Severance offers often fall short of your full entitlements, and signing may waive your right to pursue additional compensation.

7. Can I challenge a termination for cause?

Yes, employers must meet a high standard to prove termination for cause, such as serious misconduct or willful neglect of duties. Many “for cause” terminations fail to meet this threshold and can be successfully challenged.

8. What should I do after being terminated?

Start by documenting everything: keep your termination letter, employment contract, and any related correspondence. Consult an employment lawyer promptly to understand your rights and options.

9. How long do I have to file a wrongful dismissal claim?

Limitation periods apply. In Ontario, most wrongful dismissal claims must be filed within two years of termination. Acting quickly ensures you preserve your rights.

10. Can I handle my claim without a lawyer?

While it’s possible, having a lawyer significantly improves your chances of achieving a fair settlement. Lawyers can navigate the complexities of employment law, negotiate on your behalf, and ensure you don’t settle for less than you’re owed.

Wrongful Dismisal – Key Takeaways

Understand your entitlements under the ESA and common law—they’re often more generous than you realize.
Don’t accept a severance package without consulting a lawyer.
Document everything and act quickly to preserve your rights.

Real-Life Example

After being terminated, Mike was offered eight weeks of severance pay. His lawyer identified that the termination clause in his contract was invalid and secured a settlement worth 12 months of notice under common law, significantly exceeding the employer’s initial offer.

Conclusion: Get the Answers You Need

Wrongful dismissal doesn’t have to leave you feeling powerless. By understanding your rights and the steps to take, you can secure the compensation you deserve. If you’re facing termination, don’t navigate the process alone.

Next Steps: Visit https://terminated.law to explore more resources and connect with experienced employment lawyers who can provide the guidance you need.

What should I do if I’m terminated and think it’s wrongful dismissal?

Start by reviewing your termination letter and employment contract. Document everything and consult a lawyer promptly to understand your rights and full entitlements.