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Wrongful termination refers to a situation where an employee’s employment is ended by their employer in violation of the law or the terms of their contract. In Pickering, Ontario, which follows provincial and federal Canadian employment laws, wrongful termination can include dismissals that do not comply with the Employment Standards Act (ESA), violation of human rights, or terminations without proper notice or severance pay. If you believe your dismissal was unfair or unjust, you may have grounds for a wrongful termination claim.
Navigating a wrongful termination case can be complex. Here are common situations where legal help can be crucial:
A lawyer can help you understand your rights, evaluate your case, negotiate with your employer, or represent you in court or before a tribunal.
Pickering falls under the jurisdiction of Ontario provincial law, mainly the Employment Standards Act, 2000 (ESA), and the Ontario Human Rights Code. Here are key legal aspects relevant to wrongful termination:
Wrongful termination generally means being fired without sufficient notice, proper compensation, or in violation of employment law or contract terms. It also covers terminations for illegal reasons, such as discrimination or retaliation.
While not mandatory, a lawyer can help you understand your rights, negotiate settlements, and file claims more effectively, especially if your case is complex or involves significant compensation.
The required notice depends on your length of service and the terms of your employment contract. The ESA provides minimum notice periods ranging from one week (for less than a year) up to eight weeks (after eight years or more).
Terminations based on protected grounds (sex, race, disability, age, etc.) are illegal under the Ontario Human Rights Code. You may be entitled to additional compensation, reinstatement, or other remedies.
You may be entitled to severance pay, particularly if you have five or more years of service and your employer has a global payroll of $2.5 million or more, or has laid off a significant number of employees. Severance is in addition to notice or pay in lieu of notice.
In most cases, employers can terminate employment without cause, as long as they provide proper notice or pay in lieu. However, they cannot fire you for illegal reasons, such as discrimination or in retaliation for exercising your rights.
Constructive dismissal occurs when your employer makes significant changes to your job, compensation, or work environment, effectively forcing you to quit. This can be treated as wrongful termination.
You can file a complaint with the Ontario Ministry of Labour, the Small Claims Court (for monetary amounts under a certain threshold), Superior Court of Justice, or the Human Rights Tribunal (for discrimination cases). Legal advice is often recommended to determine the best route.
Generally, you have two years from the date of dismissal to file a civil claim for wrongful dismissal in Ontario. Human rights complaints and Ministry of Labour complaints may have shorter timelines.
Yes, you are allowed to negotiate your severance package. A lawyer can help you assess the fairness of your employer's offer and negotiate for a better settlement if warranted.
If you are facing wrongful termination or are unsure of your rights, the following resources may be helpful:
If you believe you have been wrongfully terminated in Pickering, Canada, consider taking these steps:
Seeking professional legal advice and knowing your rights are key to ensuring fair treatment and maximizing your chances of a successful outcome in wrongful termination cases.
