Wrongful Dismissal Ultimate Guide
What is Wrongful Dismissal?
For an employer, a mishandled wrongful dismissal claim will cost you dearly. For an employee, in a wrongful dismissal case, you want to retain an experienced wrongful dismissal lawyer to maximize your recovery.
As an employer or an employee, it makes sense to consult with wrongful dismissal lawyers from time to time especially if you live in the Toronto area. Wrongful dismissal Lawyer a phone call away! FREE Initial Consultation. No-Win-No-Fee for wrongful dismissal cases.
1 - What is Wrongful Dismissal?
A wrongful dismissal occurs when an employee is dismissed, or terminated, by their employer, WITHOUT just compensation. In General, there are two types of wrongful dismissal claims:
- Termination Without Cause: Terminates employment without cause yet refuses to compensate the employee adequately.
How Do You Prove Wrongful Dismissal?
In Ontario, you are NOT REQUIRED to show that the termination caused you financial harm or that you were dismissed without notice. Once you've filed your claim, the employer must show that either
1) you were given enough working notice or a payment in lieu of notice; or
2) you were terminated for cause due to wilful misconduct during the employment.
Can I Sue for Wrongful Dismissal if My Boss Lied to Me About Why I Was Fired?
There is a common misconception that companies MUST give the employees the specific reasons for termination. An employer is not obliged to give a reason for the termination if an employee has received sufficient working notice or payment in lieu of notice.
As a result, even if the employer misinformed the employee about the reason for the termination, there is NO wrongful dismissal claim, assuming sufficient notice or payment in lieu has been given.
However, if the employer's justification for the termination was just an excuse, and the dismissal was actually a reprisal against the employee's efforts to enforce his or her employment law rights, then there is a case of wrongful termination
Can I Claim Wrongful Dismissal during Probation?
Another common misunderstanding is that a claim of wrongful dismissal CANNOT be filed while on probation.
An employee can be fired WITHOUT NOTICE only if the employer made a good faith determination that the employee was unsuitable for permanent employment, that the employee was given a fair and reasonable opportunity to demonstrate his or her suitability, and that the "non-suitability" was not just an excuse to be "cheap" and "save some COST." See Bhasin v Hrynew, 2014 SCC 71.
Termination Without Cause vs. Termination for Cause vs. Constructive Dismissal
Approaching a case of termination without cause is different from how we'll approach a case of termination for cause. There are many reasons behind termination without cause, and it can be hard to apprehend why you've been let go when you haven't done anything wrong. If you've been a victim of termination without cause, it's highly possible that your former employer violated some of the employment laws regarding letting an employee go.