Under certain termination conditions, Ontario employees may be eligible to recoup damages under a Wrongful Dismissal claim.
If you were recently fired, ask yourself the following questions:
- Can you get severance pay?
- Were you entitled to advance notice that you were going to be dismissed?
- Can your employer fire you?
Any of the above could lend grounds to a justified Wrongful Dismissal suit.
Under certain circumstances in which an employee quits but can demonstrate that an employer forced the decisions, it can be considered as an employee actually being “fired” via a subtle “constructive dismissal”. A constructive dismissal may occur when an employer changes important aspects of an occupation such as pay, title or duties without the employee’s informed consent.
The Employment Standards Act provides the minimum compensation to be provided to an employee who is terminated. However, there may be circumstances when an employee may sue the employer for more damages. Upon termination, you may want to consult with a lawyer to review your case. There’s the possibility – though not the guarantee – that you may be able to also sue for Breach of Contract.