Termination Pay Differ in Wrongful Dismissal Cases
Hearing the words, “You’re fired,” can be every employee’s worst nightmare. The emotions that come with the firing can range from anger to sadness to fear. But when those words are said for the wrong reasons – that is, in retaliation or discrimination – it can also be considered wrongful termination and could lead to a wrongful dismissal lawsuit.
For non-unionized employees in Canada, employment is often at will, meaning that employers have the right to terminate their workers for any reason, even without cause. However, the Employment Standards Act sets minimum notice periods that cannot be contracted out by contract and must be provided to employees upon termination. In addition to this notice period, the employer must provide a certain amount of compensation, known as severance pay, or pay in lieu of such notice. Severance pay is determined by the courts and based on a variety of factors, such as length of employment, age, character of employment, and chances of re-employment.
A wrongful termination lawyer will evaluate the facts of the case to determine whether or not the dismissal was illegal and what legal remedies may be available. They will examine the reasoning given by your employer for terminating you, including any documentation that might support the reasons. For example, if the termination was allegedly because of bad performance or misconduct, they will look at previous performance reports and any documentation related to that. In addition, they will evaluate whether your employer gave differential treatment to other people in similar circumstances. This type of treatment can be a form of discrimination on the basis of a protected status, such as age, gender, ethnicity, or disability.
How Do Severance Pay and Termination Pay Differ in Wrongful Dismissal Cases?
If a claim is successful, your wrongful termination lawyer will help you obtain the best possible severance package and compensation. This is important because the amount you receive will depend on the strength of your case and the leverage you have.
In addition to the severance pay and termination pay you are entitled to, a wrongful dismissal lawsuit may also award damages for your mental distress and other losses related to the firing. Depending on the strength of your case, your wrongful dismissal lawyer may also suggest seeking punitive damages.
If you’re considering bringing a wrongful termination lawsuit, contact a wrongful dismissal toronto lawyer as soon as possible. The earlier you get legal advice, the more likely it is that your employer will be willing to settle the matter quickly and fairly. For those who are unionized, you may have specific collective agreements that dictate how a termination is handled and what steps must be taken when you’re dismissed. An experienced wrongful dismissal attorney will guide you through the process. Getting an early start on your case is essential to making sure you have all the evidence and arguments necessary to succeed in court. Contact us today for a free consultation with one of our wrongful termination lawyers. We’re here to help you get the justice you deserve.
In wrongful dismissal cases, the duty to accommodate often comes into play when an employee is terminated due to factors related to their protected characteristics. For example, if an employer dismisses an employee because of their pregnancy, religion, or disability, it may be considered discriminatory unless the employer can demonstrate that they made reasonable efforts to accommodate the employee’s needs.
