Understanding Wrongful Dismissal

Being wrongfully dismissed can take a toll on a person. It can give rise to multiple questions and anxieties. If you feel, you’ve been wrongfully dismissed, it is crucial to reach out to wrongful dismissal lawyers. They will be there by your side and fight for your rights. The lawyers will enable you to get the severance pay that you truly deserve. Undergoing wrongful dismissal can be confusing. Here is all that you need to know.

What is understood by wrongful dismissal?

A dismissal is considered to be wrongful dismissal when the employee’s contract is terminated by the employer without offering just compensation. Wrongful dismissal claims are broadly of two types. First is the termination without cause, in which the employment has been terminated without cause and there is a refusal to provide adequate compensation. Second is termination for cause when the employee is being terminated with cause without any compensation. Constructive dismissal and unjust dismissal are other types of dismissal. They are different from wrongful dismissal. 

Constructive Dismissal happens when an employer unilaterally changes a material term or condition of an employment contract. An employee doesn’t have to be terminated by the employer to claim Constructive Dismissal.

Unjust dismissal is similar in nature to a claim of wrongful dismissal. But unjust dismissal is ONLY available to federally regulated employees, aka federal workers who have completed 12 months of continuous employment, while wrongful dismissal is a Common Law remedy for both federal and provincial workers.

How is wrongful dismissal proven?

When filing a wrongful dismissal case in Ontario, you are not required to prove that financial harm was caused or you were dismissed without notice. Once the claim has been filed, the employer needs to prove that you were given enough working notice or a payment in lieu of notice. The employer can also prove that the termination for cause was justified because of the misconduct carried out by the employee during the employment.

Is it possible to sue for wrongful dismissal if the employee was lied about the reason for dismissal?

It is commonly believed that companies need to give employees a reason for termination. However, the employer is not obliged to do so when the employee has received sufficient notice or payment in lieu of notice. When the employer has given the wrong reason for the employment termination, no wrongful dismissal claim can be filed if enough notice or payment in lieu was provided. However, if the justification for termination was just an excuse and in actuality the dismissal was a reprisal against the employee’s efforts to enforce their employment law rights, it is a case of wrongful termination.

Can wrongful dismissal be claimed during probation?

There is a common misconception that a wrongful dismissal claim can’t be filed when on probation. An employee can be fired without notice only when the employer has made a good-faith determination that the employee is unsuitable for a permanent role and the employee was given a fair and reasonable opportunity to show that they are suitable for the job. Hence, non-suitability wasn’t an excuse to be cheap or to save some cost. In situations when the employment contract is silent on termination without cause or the clause is considered invalid for violating the Employment Standards Act (ESA), the penalty for a bad faith termination is that the probational term is voided and the employee becomes entitled to common law reasonable notice.

How is termination without cause different from termination for cause and constructive dismissal?

Termination without cause should be approached differently than a termination for cause. 

When one is a victim of termination without cause, there is a high chance that some employment laws were violated when the termination took place, and an employee is highly recommended to consult an employment lawyer to see if wrongful termination happened. Here, the employee has the burden of proof to show that the termination was wrongful, and that he or she deserves compensation.

When dealing with termination for cause, there is a possibility that the employer didn’t actually have just cause to fire the employee under employment law. The fact that an employee has been fired with cause doesn’t necessarily mean that the employer has just cause to do so, and an employee is highly recommended to consult an employment law firm to see if unfair termination happened. In this case, the employer has a burden of proof to show that the employee is guilty of wilful misconduct, disobedience or wilful neglect of duty that is not trivial and that has not been condoned by the employer. Acts like stealing or committing other illegal activities can be reasons for termination with cause. 

In the case of constructive dismissal, the employer actively makes the work environment hostile for the employee. Pushing the employee to the point where there is no choice but to quit. For example, when the employer becomes increasingly rude, making it impossible for you to work your job or adds more responsibilities to your plate than manageable, there may be a case for constructive dismissal.

Reach out to an employment lawyer.

If you feel you’ve been unfairly let go from your job, it is crucial to reach out to an employment lawyer. They will help you with the legal options available.