Losing your job is stressful. No matter what happened or why it is difficult to adjust. However, whether you think it's your fault, that's it's not fair, or whether it is something entirely out of your control, you can often do something about it.

Wrongful Dismissal

In Ontario, there is an implied contractual term in every employment contract that the employee is given reasonable notice before terminating the contract. If your employer terminated your job or dismissed you from your employment and did not give you a reasonable notice period (or payment instead of the notice period) and severance, then you are wrongfully dismissed. While your former employer may try and pressure you into accepting what they offer (concerning the notice period or payment instead), thinking that you have no other option, you do have a say. If you have been wrongfully dismissed, contact an employment lawyer at Kleinman Law who will fight to get you what you deserve.

Employment Standards and reasonable notice

Every employee in Ontario is protected by the laws in the Employment Standards Act (ESA). The ESA provides a collection of only the minimum possible rights to which an employee is entitled. You are given the right to vacation time, a limit to how much you can work, and your employer is obligated to pay you severance and give you at least the ESA minimum notice period if you are dismissed from your employment. You cannot contract out of the ESA.

Depending on your contract for employment, or if you don't have one, your employer may be obligated to give you a longer notice period if you are dismissed. In these circumstances, your employer is obligated to provide you with what is in the contract. If your employment agreement is silent on what to do on termination or you do not have an employment contract, you are entitled to reasonable notice under the common law (what the Courts have decided is reasonable and the law).

constructive dismissal

There is also a concept called constructive dismissal. If your employer unilaterally changes your employment terms, you may not be obligated to accept them. If you are forced to take those new responsibilities, you may be entitled to a termination package for constructive dismissal. If you have experienced constructive dismissal, you are entitled to reasonable notice (or payment instead of the notice period) similarly to as if you have experienced a wrongful dismissal.

Human Rights Claims

Every employee in Ontario is entitled to be free from discrimination and harassment because of the 17 grounds enumerated in the Human Rights Code and has the right to equal treatment with respect to employment. If you have experienced discrimination in the workplace or discrimination has led to your loss of employment, you can do something about it. You may be entitled to reclaim your position or entitled to compensation.

Why you need a employment lawyer

If you think that you have been wrongfully dismissed or may have a case for constructive dismissal, contact an employment lawyer at Kleinman Law to discuss your options and learn your rights. Choosing the right employment lawyer is an important decision that can have a significant impact on your future. You want to choose an employment lawyer with experience in litigation who will listen to your concerns, give you the personal attention you need, and try to resolve your dispute quickly and for a large settlement. Kleinman Law may be able to negotiate a suitable termination package, get what you deserve, and better carry you over to your next opportunity. Contact Kleinman Law for a free consultation.