Did you check your rights on dismissal?

Did you check your rights on dismissal?

If an employee is dismissed from the workplace without giving any cause, him/ her should be served with key legal notice but if dismissed on cause, the employer is not required to give any notice.

What Does Ontario Law States:

Ontario law states that an employee can’t be terminated without given the written notice of termination or pay for the notice period. This notice could be 1 week to 8 weeks depending on from how many years the employee was employed with the given employer, but the law is different if the employer is terminating 50 or more employees within certain time period.

Human Rights Code:

There is more to this, if the employee is terminated for any illegal or discriminatory reasons then the Ontario Human Rights Code protects the rights of employees to equality but if one suspects the termination is based on discrimination, he/she needs to seek legal advice immediately.

If an employee is terminated, he/she is not entitled for minimum of ESA. Though, employers tend to limit the employees entitlement by including a provision in the employment contracted called a “termination clause” but these are not always valid.

In addition to this, if you’ve been fired, don’t just accept whatever severance package they offer you. You may be entitled to much more, especially if your dismissal is not justified. If you work in a toxic workplace, don’t suffer in silence. Alita Wolff Law, based in Toronto, Ontario, understands the anxiety and frustration you are feeling. We will listen to you and explain how the law applies to your situation. We will present you with options to consider, based on what you have told us. Then, we will advocate strongly for whatever option you choose with your employer.

Everyone has a right to be treated fairly. We practice in many areas of employment law, and can help you with:

  • Severance package reviews
  • Wrongful dismissal claims
  • Constructive dismissal claims
  • Terminations for various reasons
  • Employment contract reviews

You don’t have to face your employer alone. We will listen sympathetically as you tell us what is happening to you. We can also help with workplace issues, including:

  • Workplace harassment
  • Workplace discrimination
  • Concerns about pay equity

We will advise you what options you can choose from. Then, we will speak for you with your employer and will do our best to negotiate fair and equitable solutions to your concerns.

Call us today

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