Knowing what constitutes wrongful termination helps you protect your employment rights in Canada. Knowing what qualifies will also help you take legal action against your employer.
What Is Wrongful Termination?
An employee may be said to have been wrongfully dismissed or discharged whenever an employer terminates employment contrary to the terms of the employment contract or in violation of specific employment regulations. In cases of possible wrongful termination, the advice of an experienced labour lawyer in Toronto should be sought. Wrongful termination claims usually centre around unfair dismissal, no notice, or failure to follow the employment contract terms.
What Qualifies as Wrongful Termination?
Several scenarios can be considered wrongful termination under Canadian law; knowing them is essential to protecting oneself.
Failure to Provide Notice or Payment in Lieu of Notice
In Canada, employees are entitled to reasonable notice or severance pay when terminated without cause. The length of notice depends on the employee’s tenure, age, and position. If your employer doesn’t give you enough notice or doesn’t pay severance, this could be a wrongful termination. A labour lawyer in Toronto can help you determine if your dismissal breaches the notice requirements.
Violation of the Employment laws
Federal and provincial employment laws protect employees from unfair dismissal. If your termination breaches the Employment Standards Act or the Canada Labour Code, it could be grounds for a wrongful dismissal claim. Such breaches can include unfair dismissal based on discrimination, harassment, or other illegal reasons.
Retaliation and Wrongful Termination
Wrongful termination occurs when an employer fires an employee for exercising their legal rights, such as filing a complaint about workplace harassment or safety breaches. Retaliation undermines the employee’s right to work in a safe and lawful environment.
Incomplete Termination Procedures
Employers need to adhere to culture and process even when someone is performing an involuntary termination. The procedures may be laid down in the contract of employment. If not followed, it may lead to wrongful dismissal and cases are made worse in particular areas where there was an emotional component, or step processes were entirely disregarded.
Harassment
Labour laws in Canada, such as the Canadian Human Rights Act and the Ontario Human Rights Code, clearly make workplace harassment a prohibited activity on the common grounds of race, gender, sexual orientation, etc. If you report harassment and find yourself out of a job, your dismissal could be wrongful—particularly if you’re fired for standing up to the harassment. If you are terminated after filing a harassment complaint, hiring a labour lawyer will help you explore legal options and protect your rights.
Discrimination
Canadian law prohibits discrimination in the workplace, under the Canadian Human Rights Act and provincial human rights codes, like the Ontario Human Rights Code. Wrongful termination claims can be based on discriminatory actions against a person based on race, gender, religion, age, disability, or any other protected characteristic. If an employee is dismissed based on discriminatory grounds, this will take away the employee’s contractual rights using human rights legislation.
Employees fired after a situation of discrimination may also bring their constructive dismissal claim if they resign to escape the discriminatory environment. Also, if the termination is associated with unlawful treatment, such as denial of accommodation for disability or discriminatory personnel decisions concerning promotions and job security, compensation or litigation becomes available. A labour lawyer can speak with you to clarify whether discrimination was a factor.
Common Misconception: Employers Must Provide Cause for Termination
Many people think employers must have just cause for every termination. However, in most cases, an employer can terminate an employee without cause if they give reasonable notice or severance. However, wrongful termination claims arise when there is a failure to comply with these legal requirements. Talk to a Toronto labour lawyer to determine your rights and if you were wrongfully terminated.
Wrongful termination cases require legal attention. Contact a Toronto labour lawyer to protect yourself and get compensation if you were unfairly fired.
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