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Wrongful termination, also known as wrongful dismissal, refers to situations where an employee is let go from their job in breach of local, provincial, or federal laws, or the conditions outlined in their employment contract. In Windsor, Ontario, which falls under the jurisdiction of both Ontario provincial laws and Canadian federal regulations, employees are protected from being fired unjustly. If you believe you have been dismissed without proper notice, cause, or in a manner that violates your rights, you may have grounds for a wrongful termination claim.
Navigating the complexities of wrongful termination law in Windsor can be challenging without experienced legal guidance. Here are a few common scenarios where legal help is often needed:
A lawyer can help clarify your rights, negotiate settlements, or represent you if your case escalates to a tribunal or court.
Windsor falls under Ontario’s employment laws, governed primarily by the Employment Standards Act, 2000 (ESA), and in some cases, the Canada Labour Code (for federally regulated industries). Key aspects include:
These laws set minimum standards but your employment contract may provide greater rights or entitlements.
Wrongful termination generally occurs when an employee is dismissed without reasonable notice or compensation, or for reasons that violate employment law or their contract. Dismissal based on discrimination or retaliation also qualifies.
Yes, employers can let employees go without cause, but they must provide reasonable notice or pay in lieu of notice, unless there is just cause for immediate dismissal.
Just cause includes serious misconduct such as theft, fraud, violence, or severe breach of company policy. Minor infractions or poor performance are usually not enough to justify dismissal without notice.
You may be entitled to severance pay if you have worked for the employer for five years or more and the employer has a payroll of at least $2.5 million, or if a significant number of employees are terminated at once.
Constructive dismissal occurs when your employer makes significant changes to your job, pay, or working conditions without your consent, effectively forcing you to resign.
The Ontario Human Rights Code protects employees from being fired because of their race, gender, disability, religion, age, sexual orientation, or similar characteristics.
You typically have two years from the date of dismissal to commence a claim for wrongful termination in Ontario courts. For claims under the Employment Standards Act, stricter deadlines apply, often within two years as well.
It is important to collect your employment contract, termination letter, pay stubs, written correspondence (like emails), and any documentation related to the circumstances of your dismissal.
Employers cannot dismiss employees for taking entitled leaves such as sick leave or maternity leave. If you are dismissed during such leave for non-legitimate reasons, it may be considered wrongful termination or discrimination.
It is recommended to review any termination offer or severance package with a lawyer before accepting, as you might be entitled to more than what is initially offered.
Several organizations and agencies can provide information or assistance regarding wrongful termination in Windsor, including:
You can also seek free legal clinics or unions for support, depending on your situation.
If you believe you have been wrongfully terminated in Windsor, here are suggested steps:
Addressing wrongful termination promptly and knowledgeably increases the likelihood of a favorable outcome. Legal assistance ensures your rights are protected and you receive the entitlements or remedies you deserve.
