As you join the workforce, whether for the first time or have been in it for a while, no one expects or hopes to be let go, unless that’s what you want. When you lose your job, it can be a devastating event for your family and yourself. But it happens.

If you are an employee, you may wonder what rights you have if you get fired. An employee can terminate your contract through one of the following ways:

• Getting fired, for cause and without notice or severance
• Termination without cause and giving notice with reasonable payment

What is severance you may ask? It is money or benefits that could be entitled to a downsized employee as a means of financial support, as they transition from one work to another. In a wrongful dismissal, severance and notice depend on many factors.

These include one’s years of service, age, the character of employment, their probability of finding another job, etc. A key point to note is that “Wrongful Dismissal” doesn’t imply that it was unlawful or improper for the employer to fire you. As an employee or employer, you have the right to terminate employment for any legal reason.
Dismissal with Cause

An employer can terminate your contract of employment due to your misconduct. In such an instance, the employer may not provide you with severance or notice. As you search for another job, you may not be able to access employment insurance, too.

If your termination is dismissal with cause, the employer needs to prove that your misconduct was severe and that it was reasonable to let you go without providing notice. It often applies in cases where the employer has made repeated attempts to rectify your behavior.

Or in a case where you seriously breach the terms of your contract of employment. It is advisable to contact an employment lawyer of your choice, such as the ones at Ambwani Law, to determine whether it was right for the employer to dismiss you with a cause.

Dismissal without Cause

It is when you are let go, but not due to misconduct by you. It could be due to a simple reason, as they just didn’t like you. According to the law, the employer needs to provide you with pay in place of notice or a fair notice.

In some cases, you may continue working, if you receive a notice of termination, i.e., before your employment term comes to an end.

If you believe that your termination is a breach of contract and with the guidance of a lawyer, you can file a “wrongful dismissal action.” A fair notice should give you enough time to get another job. The settlement you get from a wrongful dismissal case aims at providing you with compensation for the failure of the employer to give you fair notice.

Consult with one of our trusted and expert lawyers to advise you on whether or not you can sue for wrongful dismissal.