Rights of Employees After Wrongful Dismissal: What You Need to Know

Introduction

Being wrongfully dismissed from your job can be a stressful and confusing experience. However, Ontario employees have strong legal protections to ensure they receive fair treatment and compensation. Understanding your rights after wrongful dismissal is crucial to taking the next steps and securing what you’re entitled to under the law.

This article outlines the rights of employees following wrongful dismissal, including compensation, reinstatement options, and how to navigate the legal process to protect yourself.

What is Wrongful Dismissal?

Wrongful dismissal occurs when an employer fails to provide sufficient notice or pay in lieu of notice as required by Ontario law. It can also include situations where an employee is forced to resign due to employer conduct, known as constructive dismissal. In these cases, the employer’s actions breach the employment contract or statutory requirements, leaving the employee entitled to remedies.

Key Indicators of Wrongful Dismissal:

Inadequate notice or severance offered upon termination.
Breach of contract terms or failure to comply with legal standards.
Forced resignation due to significant changes in job duties or a toxic work environment.

Rights to Compensation

Notice or Pay in Lieu of Notice:
- The Employment Standards Act, 2000 (ESA) sets minimum notice requirements, but employees often have greater entitlements under common law.
- Common law notice considers factors such as length of service, age, position, and the availability of similar employment opportunities.
Example: An older, long-serving employee in a specialized role may be entitled to several months of notice or equivalent compensation, even if the ESA prescribes only a few weeks.
Severance Pay:
- For employees with five or more years of service working for an employer with a payroll over $2.5 million, the ESA mandates severance pay.
- Common law entitlements often provide significantly higher severance amounts than statutory minimums.
Additional Damages:
- Employees may seek damages for bad faith conduct by the employer during termination, such as unfair treatment or undue pressure to accept a severance package.

Right to Reinstatement

While less common than compensation, reinstatement can be an option in certain wrongful dismissal cases, especially when the dismissal violates human rights or labor laws. This remedy is more likely in unionized environments but may apply in non-unionized contexts under specific circumstances.

Example: An employee terminated due to discriminatory reasons (e.g., pregnancy, disability) may have grounds to request reinstatement as part of a human rights complaint.

Rights Under Human Rights Legislation

Wrongful dismissal cases sometimes overlap with human rights violations. Employees have the right to:

File a complaint with the Ontario Human Rights Tribunal if discrimination was a factor in their termination.
Seek additional remedies, including compensation for injury to dignity, feelings, and self-respect.

Common Human Rights Issues in Wrongful Dismissal:

Termination linked to protected grounds, such as race, gender, disability, or family status.
Failure to accommodate an employee’s needs, leading to forced resignation.

Steps to Take After a Wrongful Dismissal

Request Written Details:
- Ask your employer for a written explanation of your termination and the terms of your severance package.
Consult an Employment Lawyer:
- Legal advice is essential to assess whether your termination package meets your entitlements under the law.
Document Your Case:
- Retain records of your employment contract, performance reviews, and any communication related to your termination.
Negotiate or Challenge:
- Many wrongful dismissal cases are resolved through negotiation. If necessary, legal action may be pursued to secure fair compensation.

Protect Your Rights After Wrongful Dismissal

Wrongful dismissal doesn’t mean the end of your options. With the right knowledge and legal support, you can ensure your rights are upheld and secure the compensation you deserve. If you believe you’ve been wrongfully dismissed, take action today.

Know Your Rights: Visit https://terminated.law to learn more about your legal entitlements and how we can help you protect them.