Generally speaking, your employer has the right to dismiss you without notice and without compensation if your performance is so poor that it would be unacceptable to the average employer.
Contact our wrongful dismissal lawyers if you have grounds for financial compensation due to unjust dismissal. Our firm offers free consultations!
Your employer may have legal grounds to terminate you in such a way if you have demonstrated any of the following behaviors:
If you have not demonstrated any of the above behaviors, your employer may have dismissed you without just cause.
Such actions are illegal, punishable by law, and highly consequential for affected employees, whose financial security, livelihood, and general well-being are threatened through the loss of a job.
Do not make any snap decisions, sign any paperwork, or agree to any severance benefits. In doing so, you may unintentionally sign away compensation to which you are legally entitled.
The best thing you can do is get information from a reliable source and discuss the nature of your termination with an employment lawyer from JEWELL RADIMISIS JORGE LL.P.
By evaluating your case with a skilled professional and seeking wise legal counsel, you may ultimately be able to recover wages you would have otherwise earned if your employer had given you reasonable notice.
Constructive dismissal happens when an employer makes major changes to an employment contract without the employee’s approval.
This typically looks like:
Constructive dismissal can also look like bullying, harassment, or otherwise causing a work environment to become so sour that a normal person would not withstand it.
According to a ruling by the Supreme Court of Canada (SCC), there are 2 kinds of constructive dismissal:
Suspensions do not necessarily constitute constructive dismissal, but they certainly can, depending on:
If you feel your employer has attempted to force you out of your job by violating the terms of your employment contract, you will need help holding them accountable for their wrongs.
Wrongful dismissal is less about the reasons an employee is terminated and more about the way an employer approaches the termination process.
One key component of lawful dismissal is advance notice. Employers are required to notify workers of their termination in such a way that gives them enough time to begin looking for other job opportunities and thereby soften the blow of sudden unemployment.
Though the Canada Labour Code requires employers to provide “reasonable” notice, this term is somewhat ambiguous. If your employer fired you and dismissed you immediately, this is certainly not reasonable notice.
However, even a week or several days may not be enough time for you to seek alternative work, in which case your employer may still be guilty of wrongfully dismissing you.
The term “unjust dismissal” refers to the unfair or improper firing of workers in federally supervised industries.
This includes workers who are involved in:
Regardless of union status, the Canada Labour Code permits unjust dismissal claims from workers who have been in subordinate or non-supervisory positions for at least one consecutive year.
Call (800) 715-1082 today to speak to one of our experienced lawyers. You can also send us an email to schedule your free consultation and tell us how we can best serve you.
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