Wrongful dismissal: Know your rights

The lawyers at Hilborn & Konduros in Cambridge have all the information you need about wrongful dismissal. Getting fired for any reason is always a serious blow, but getting fired unfairly can be much worse. Without a strong sense of the legal framework that informs job severance, it can be difficult to determine whether your dismissal was valid.

Although employers have the right to terminate employment for a number of reasons, including financial insolvency on their own part, severance is a key issue. Before taking whatever your employer offers, it’s best to get a strong sense of what you’re entitled to. Although the Ontario Employment Standards Act requires that employers pay dismissed employees for one week of service for every year worked, there are situations where an employee is entitled to a great deal more.

As mentioned earlier, grounds for dismissal can involve a number of factors, but just because the company you worked for isn’t performing well doesn’t mean you should have to suffer. Courts frequently find that the notice of dismissal was not adequate, sometimes resulting in a substantial increase in the dismissed party’s severance package.

Layoffs are another issue. Even though a layoff isn’t technically a dismissal, layoffs lasting an extended period of time are considered dismissals, providing you with the same legal recourse as if you were dismissed. Waiting for the phone to ring with good news about the reinstatement of your employment can be just as frustrating as looking for new employment.

Dismissal without cause, because of discrimination or otherwise, should never happen, but unfortunately, it’s all too common. It’s important to know your rights when you’ve been dismissed. Losing work is a grim prospect in today’s economy, so having someone in your corner who knows the law is invaluable.