What You Need to Know After a Wrongful Dismissal

Losing your job unexpectedly can be a shocking and stressful experience. If you believe you’ve been wrongfully dismissed, it’s important to understand your rights and the steps you can take to protect yourself. This blog will walk you through the key things you need to know after a wrongful dismissal and how our firm can help you seek fair compensation.

Understanding Wrongful Dismissal

Wrongful dismissal occurs when an employer dismisses an employee without providing adequate notice or compensation in lieu of notice. It’s important to note that in most cases, employers can dismiss employees for any reason, as long as it’s not done in violation of human rights or employment standards. However, unless an employee is properly dismissed for just cause, employers must provide reasonable notice or pay in lieu of notice to support an employee in finding another job.

Common signs of wrongful dismissal include:

• Insufficient notice or severance pay
• Termination employment based on discriminatory grounds (e.g., age, gender, race, disability)
• Constructive dismissal (where working conditions are significantly changed – i.e., drop in wages, drastic changed in responsibilities)
• Harassment or other bad treatment around the time of dismissal
• Breach of contractually agreed upon terms of employment

What should I do if I think I may have been wrongfully dismissed?

If you believe you’ve been wrongfully dismissed, we strongly recommend taking the following steps as soon as possible:

1. Document matters: Keep notes of any discussions with your employer and keep the original and/or copies of documents you are provided, such as termination letters and related records
2. Don’t sign anything immediately: Your employer may ask you to sign a release or severance agreement. Don’t sign any documentation without legal advice, as you may often be entitled to more than what’s offered, or you may be waiving the right to bring a claim or application in relation to your employment
3. Request a Record of Employment (ROE): This document is required for applying for Employment Insurance (EI) benefits. Employers may provide it directly or through a third party, such as a payroll company
4. Seek legal advice: Consult with an employment lawyer to understand your rights and options

Understanding Your Entitlements

As part of dismissal, you may be entitled to various forms of compensation:

1. Statutory Notice: The Employment Standards Act (“ESA”) sets minimum notice periods based on length of service.
2. Common Law Notice: Courts often award longer notice periods based on factors like age, length of service, and job market conditions.
3. Severance Pay: In Ontario, employees with 5+ years of service may be entitled to severance pay in addition to notice.
4. Benefits Continuation: Your benefits should continue throughout the notice period.
5. Bonuses and Commissions: You may be entitled to bonuses or commissions you would have earned during the notice period.
6. Additional Damages: In cases of bad faith behaviour (i.e., harassment) or discrimination, you may be entitled to additional damages or another remedy.

The Duty to Mitigate

In most cases of a wrongful dismissal, you are legally obligated to mitigate your damages by seeking new employment. This doesn’t mean you must accept any job offer, but you should try to find comparable employment. It is therefore a good idea to keep detailed records of your job search efforts, as these may be important if your case goes to court.

Negotiating a Settlement

Many wrongful dismissal cases are resolved through negotiation rather than going to court. Our employment lawyers can help you negotiate a fair settlement with your former employer. This may include:

• Increased severance pay
• Extended benefits coverage
• Positive or neutral reference
• Outplacement services
• Agreement on how the termination will be communicated

Legal Options

If negotiations fail, you have several legal options:

1. File a complaint with the Ministry of Labour for violations of the ESA
2. File a human rights complaint if discrimination was involved
3. Sue for wrongful dismissal in civil court

Each option has its pros and cons, and the best choice depends on your specific situation.

Time Limitations

Be aware of important time limitations:

1. ESA complaints must be filed within two (2) years of the violation
2. Human rights complaints or applications must be filed within one (1) year of the discrimination or related harassment
3. Civil lawsuits for wrongful dismissal must be filed within two (2) years of the termination date

How We Can Help You Get Compensation

Navigating a wrongful dismissal case can be complex and emotionally challenging. Our experienced employment law team can guide you through the process and help you secure fair compensation. Here’s how we can assist:

1. Case Evaluation: We’ll review the details of your dismissal to determine if you have a strong case for wrongful dismissal.
2. Calculating Entitlements: We’ll assess your specific situation to determine what you’re legally entitled to, considering factors such as your age, length of service, position, and the current job market.
3. Negotiation: If recommended we will negotiate with your former employer on your behalf to secure a fair settlement. Our experience and knowledge of employment law give us an edge in these negotiations.
4. Legal Representation: If negotiations fail, we can represent you in court or before relevant tribunals to fight for your rights.
5. Strategic Advice: We’ll provide guidance on how to handle job offers during the notice period, maintaining your duty to mitigate while maximizing your potential compensation.
6. Documentation Support: We’ll help you gather and organize all necessary documentation, including employment contracts, performance reviews, and termination letters, to support your case.
7. Support: We understand the stress of job loss and legal proceedings. Our team provides compassionate support throughout the process.
8. Exploring All Options: We’ll consider all potential avenues for compensation, including human rights claims if applicable, to ensure you receive full and fair compensation.
9. Timely Action: We will take steps to ensure that all necessary actions are taken within the required time limits to protect your rights.
10. Clear Communication: We will keep you informed at every step of the process, explaining complex legal concepts in clear, understandable terms.

It’s important to note that every wrongful dismissal case is unique. The compensation you may be entitled to depends on various factors specific to your situation. By working with our experienced team, you can ensure that your rights are protected and that you receive the full compensation you deserve.

If you believe you’ve been wrongfully dismissed, don’t face this challenging situation alone. Contact our office today online or by telephone at 416-214-5111 for a confidential consultation.