Facing job termination can add immense stress. You not only have to take care of the bills, which will begin to pile up soon enough, but you also have to start looking for a job on the side. Suppose you have been a victim of Wrongful Termination Toronto. In that case, you need to consult an employment lawyer as soon as you can. Irrespective of whether you have been a victim of wrongful dismissal or not, it is essential to know about it. So here is all that you need to know.
What is wrongful dismissal?
Wrongful dismissal is when an employee has been dismissed or terminated without just compensation. They are of two types – without a cause and for a cause. Termination without a cause takes place when the3 employer refuses to compensate the employee adequately. In termination for cause, the employee has been dismissed for a cause, but there has been a failure to pay the compensation when the “cause” for termination was found to be the invalid. Constructive dismissal is another kind of dismissal. The employer makes a fundamental change to the material term or condition of the employment contract with either words or conduct. However, it is crucial to remember that unjust dismissal is different from wrongful dismissal as it was reserved for federally regulated business under the Canada Labour Code.
How can wrongful dismissal be proven?
It is not always required to show that the termination causes you financial harm or that the dismissal was without notice. Once you have filed the claim, the employer has to offer either that you were given a working notice or a payment in lieu of notice, or they have to prove that you were terminated for cause because of wilful misconduct during your employment with them.
Can the employer be sued for wrongful dismissal if they lied about why the employee was fired?
There is a common myth that the employer needs to provide the employee with the specifics of their termination. Whereas the truth is that the employer is not obliged to provide you with the reason if the employee has been given a sufficient notice period or payment in lieu of notice. Even if the employer does lie about the reason for the termination, it can’t qualify for a wrongful dismissal claim. But if the justification for termination was an excuse and the dismissal was a reprisal against the employee’s effort to enforce their employment law rights. It becomes a case of wrongful termination. In such complex situations, it is best to reach out to the best and experienced employment lawyers like HTW Law, who will guide you through the process and help you to get what you truly deserve.
Can wrongful dismissal be claimed during probation?
Yes, you can file a wrongful dismissal claim while the employee is on probation. The employee can be fired without notice only when there is a good faith determination made by the employer, which states that the employee is unsuitable for permanent employment and that the employee was given a fair and reasonable opportunity to demonstrate their suitability. The non-suitability CANNOT be an excuse to save on costs.