Employment Law: Employees > Wrongful Dismissal
Losing your job can be traumatic and destructive. Work is often not only the way to support ourselves and our families, but a part of our identity and our social life, and a source of stability. Losing that can be devastating.
In Ontario, employers are allowed to fire employees for a variety of reasons, but still have certain rights and responsibilities toward them. Employers must give reasonable notice or provide adequate compensation. Failure to do so is considered wrongful dismissal.
The law also protects employees from being fired on the basis of attributes such as race, age, gender or sexual orientation.
If you resign, you are not normally eligible for compensation. Unfortunately, some workplaces take advantage of this and encourage workers to resign instead of firing them.
This may be done in many ways, such as changing your job description drastically, reducing your responsibilities or your pay significantly (basically, demoting you), subjecting you to harassment, layoffs, or acting in other ways that make it impossible or very difficult for you to remain in your job. It is called constructive dismissal.
If you have been constructively dismissed, you have a right to the same compensation as an employee who has been dismissed.
Making It Right
The employment lawyers at Vice & Hunter LLP can find the appropriate available remedies for wrongful or constructive dismissal. We can help you obtain termination pay and severance pay, benefits, restitution for loss or injury caused by your termination, and, in some cases, reinstatement.
We can help you choose from a number of options to ensure that you are treated fairly:
- Courts:You can pursue an action in one of several courts, depending on your employer’s conduct and the amount of loss you have suffered.
- Administrative tribunals:You can file a complaint with the Ministry of Labour or the Human Rights Tribunal; under the Employment Standards Act, Ontario Human Rights Code or Pay Equity Act; or through a number of other kinds of legislation meant to protect you as a worker.
- Negotiation or mediation:For most clients, working with the employer to determine a proper compensation package may be the fastest and best way to get the appropriate compensation.
Contact Vice & Hunter LLP
Call us at 613-701-0898 or 866-252-0670 toll-free or fill out our online form below if you have lost your job in Ottawa and nearby regions of Ontario.