Best Wrongful Termination Lawyers in Cambridge

About Wrongful Termination Law in Cambridge, Canada

Wrongful termination occurs when an employee is dismissed from their job without just cause or without proper notice as required by law. In Cambridge, like the rest of Ontario and Canada, employment is generally considered to be "at will" unless a contract or collective agreement says otherwise. However, employers must follow specific laws when terminating employment. If your employer did not have just cause or failed to provide adequate notice or pay in lieu of notice, you may have grounds for a wrongful termination claim. Understanding your rights is key to ensuring you are treated fairly in the workplace.

Why You May Need a Lawyer

Facing job loss can be stressful and overwhelming. A lawyer experienced in wrongful termination can help you in the following situations:

• Your employer fired you without providing the minimum notice or pay in lieu of notice required by law.
• You believe you were dismissed because of discrimination, retaliation, or for exercising your legal rights, such as parental leave or whistleblowing.
• Your employment agreement contains terms you do not understand, or you suspect your rights were violated.
• You have been offered a severance package and are unsure if it is fair or adequate.
• You need representation or guidance in negotiating with your employer or in court.

A lawyer can explain your rights, assess your specific situation, negotiate on your behalf, or represent you in legal proceedings if necessary.

Local Laws Overview

In Cambridge, wrongful termination is addressed primarily through Ontario's Employment Standards Act (ESA), the Ontario Human Rights Code, and relevant federal employment laws if you work for a federally regulated employer. The key aspects to be aware of include:

• Employers must provide employees with written notice or pay in lieu of notice before dismissal unless there is "just cause" for termination, such as serious misconduct.
• The ESA sets out the minimum notice periods based on length of employment, but employment contracts or common law may provide for more extensive notice or severance.
• Terminations based on prohibited grounds such as race, gender, age, disability, or for retaliation against whistleblowers are strictly forbidden.
• Constructive dismissal, where working conditions are changed fundamentally by the employer forcing the employee to quit, may also be considered wrongful termination.
• Some employees, such as those in unionized positions or federally regulated industries, may have additional protections or different procedures for addressing wrongful dismissals.

Frequently Asked Questions

What is considered wrongful termination in Cambridge, Canada?

Wrongful termination occurs when an employer dismisses an employee without just cause and fails to provide the legal minimum or contractual notice or pay in lieu of notice, or when dismissal violates other employment protections.

What kind of notice or severance am I entitled to if terminated?

The amount of notice or severance required depends on your length of service, the terms of your contract, and sometimes your age, position, and chances of finding new employment. Ontario's Employment Standards Act provides minimums, but you may be entitled to more under common law.

Can my employer fire me for any reason?

Employers can generally terminate employment without cause if they provide appropriate notice or severance. However, they cannot terminate for illegal reasons such as discrimination or retaliation.

What if I am dismissed due to issues related to my health or disability?

Dismissal based on health or disability may be considered discriminatory under the Ontario Human Rights Code. You may have grounds to file a human rights complaint or claim wrongful dismissal.

Do I have to accept the severance package offered by my employer?

You do not have to accept the initial severance package. You are entitled to legal advice and negotiation. Sometimes the first offer is less than you are entitled to receive.

What is constructive dismissal?

Constructive dismissal occurs when your employer makes a significant change to your job, compensation, or work environment without your consent, effectively forcing you to resign. This may be treated as wrongful termination.

How long do I have to make a wrongful dismissal claim?

You generally have two years from the date of termination to file a claim in civil court. For complaints under the Employment Standards Act, you must file within two years as well.

What should I do immediately after being terminated?

Do not sign anything right away. Request all documents related to the termination, ask for your Record of Employment, and take time to review any offers. Consult a lawyer before accepting any severance or signing release documents.

Can I get my job back if I was wrongfully terminated?

While reinstatement is possible in some cases, especially where there was discrimination or retaliation, most wrongful termination claims result in financial compensation instead of getting your job back.

What does "just cause" mean, and how is it determined?

"Just cause" is a legal term meaning that the employer had a serious, proven reason for dismissal, such as theft or violence. The standard for just cause is high, and employers must provide clear evidence to rely on it.

Additional Resources

If you need more information or support regarding wrongful termination in Cambridge, Canada, consider these resources:

• Ontario Ministry of Labour, Immigration, Training and Skills Development - offers guidance and support for employment standards issues
• Ontario Human Rights Commission - for discrimination or harassment-related terminations
• Legal Aid Ontario - provides legal assistance for qualified individuals
• Community Legal Clinics - local clinics offer free legal guidance for employment matters
• The Law Society of Ontario - can help you find a licensed lawyer in Cambridge
• Canadian Centre for Occupational Health and Safety - for workplace health and safety concerns

Next Steps

If you believe you have been wrongfully terminated in Cambridge, Canada, follow these steps:

• Collect all relevant documents, including your employment contract, termination letter, Record of Employment, and any communications from your employer.
• Write down a chronology of events, including dates, actions taken by your employer, and any witnesses.
• Do not sign any severance agreements or releases before seeking legal advice.
• Contact an employment lawyer or local legal clinic to discuss your situation and understand your options.
• Act promptly, as there are time limits for filing legal claims.
• Consider mediation or negotiation, but be prepared to pursue your rights through courts or tribunals if necessary.

Taking early action helps protect your rights and may improve the outcome of your wrongful termination case. If you feel overwhelmed, do not hesitate to reach out for legal assistance as soon as possible.