What are the legal options for someone who believes they were wrongfully dismissed from their job in Ontario?
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Answer ( 1 )
Wrongful dismissal occurs when an employee is terminated without proper notice or sufficient severance, contrary to their legal rights. In Ontario, the Employment Standards Act (ESA) sets the minimum standards for notice periods, but employees are often entitled to more under common law.
If you’re facing wrongful dismissal, it’s essential to first review your employment contract. Contracts sometimes limit entitlements to ESA minimums, but improperly worded clauses might be unenforceable. Common law notice factors—such as your role, tenure, age, and job market conditions—often result in greater compensation than ESA standards. For instance, while the ESA might grant one week per year of service up to a maximum of eight weeks, common law could entitle you to several months’ pay.
Employers may claim just cause for termination to avoid paying notice or severance. If you’re unsure about the validity of their claims or the fairness of a termination offer, seek legal advice. An employment lawyer can evaluate your case, negotiate on your behalf, and ensure your rights are upheld. Check out here to know more – https://badrelaw.com/
For tailored guidance on wrongful dismissal claims and severance packages, you can consult Badre Law, a trusted firm with expertise in employment law in Ontario.