Being terminated from your job can cause a lot of stress and anxiety. If you have been terminated without a cause and are being refused a reasonable notice or the reason that the employer is claiming to fire you, but it isn’t so, then you be facing a wrongful dismissal. Being dismissed for these reasons can add a lot more to the stress levels. If you or someone you know has met such a kind of dismissal, you should contact a Wrongful Dismissal Lawyer Toronto. Consulting a lawyer about your dismissal will help you understand your position and your rights. They would also be able to tell you how to go about the case of wrongful dismissal.
What can be called a just cause for dismissal?
An employer can terminate an employee for a just cause if the employee has “guilt of serious misconduct, habitual neglect of duty, incompetence, or conduct incompatible with his duties, or prejudicial to the employer’s business, or if he has been guilty of wilful disobedience to the employer’s orders in a matter of substance.” In this case, the employer has to prove that the just cause for termination has been constituted.
What does one understand by wrongful dismissal?
Sometimes it happens that the employer terminates the employee without providing them with any advanced notice of termination or appropriate severance pay in lieu of the notice. If this is something that you are facing, then you have been wrongfully dismissed from your job. In terms of the severance package, other factors affect the employee’s entitlement. These include the terms of the employment contract and the employer’s motivations in the termination.
This is wrongful termination because when the employee is being terminated without cause, the employer either has to provide a notice of termination ahead of time or give payment in lieu of notice. This payment, which is in lieu of the notice, is known as severance pay or termination pay. This pay package usually includes a lump-sum of money to put the employee in the same position they would have been in if the employer had given them a reasonable working notice and had not fired them without any notice.
What is constructive dismissal?
When the employer makes substantial changes to the terms of employment without the employee’s consent or demonstrating an intention to no longer be bound by the terms of the employment contract, the employee, in this case, has an option of treating their employee as being terminated. This is called constructive dismissal. For this to be considered as a constructive dismissal, the charges of the terms of employment must be fundamental to the employment contract. The employee has to take it upon themselves to prove that there was constructive dismissal. It can be challenging to draw the line between a fundamental change and a reasonable modification to the employee’s duties. To make things more straightforward and easy, it is always best to get legal advice.
