logo
logo
Sign in

How Wrongful Dismissal Toronto Retainers Work

avatar
markenowens
How Wrongful Dismissal Toronto Retainers Work

Losing a job can be highly disruptive, especially when it happens without cause. If you believe that your employment was terminated unlawfully, you may be entitled to damages for wrongful dismissal toronto. As such, it is important to seek the guidance of an experienced Toronto employment lawyer as soon as you suspect that a workplace problem may arise. This will ensure that your rights and entitlements are protected from the outset, as well as minimize any unnecessary stress, anxiety or financial upheaval that may result from an unnecessarily early termination.


An employer’s obligations upon terminating an employee are governed by two separate streams of Ontario law – the legislative stream (the Employment Standards Act, or ESA) and the common law stream. The ESA sets out minimum standards for the employment relationship, including severance pay, notice of termination and other terms of employment. However, the common law can provide many additional legal protections and benefits that are not available under the ESA. These can include the right to be represented by an employment lawyer and the obligation to consider reasonable alternative re-employment options.


It is also important to note that the statutory and common law provisions are not mutually exclusive; there can be overlap between the different streams of employment law that govern the employment relationship. For example, some employment contracts include clauses that purport to override the ESA, while others expressly state that they are subject to the ESA and other statutory provisions.


When it comes to wrongful termination, the most commonly asserted claim is that an employer did not give sufficient notice or severance pay. This is not an issue that necessarily has anything to do with the validity of the employer’s reasons for dismissal, although the employer can be found liable for the difference between what was offered and what was owed under the law.

In determining an employee’s entitlement to notice or severance pay, the court will consider such factors as the length of service, the position, the salary and the age of the dismissed worker. It is important to note that the "rule of thumb" that an employee is entitled to one month of compensation for every year of service is a myth and has been explicitly rejected by the courts.


Alternatively, the court may decide to impute income to the dismissed worker, based on its assessment of what it believes that person would have earned in a comparable position if not for being wrongful dismissal toronto. This can significantly reduce an employer’s liability for notice.


In addition to the above, a properly executed wrongful dismissal case can also result in additional damages for lost earnings and a loss of opportunity and reputation. This is known as punitive damages, and is intended to punish the employer for its ill-treatment of the dismissed employee. These damages are not available if the employee was fired for something other than wilful misconduct or incapacity. An experienced wrongful dismissal lawyer can guide you through the complex legal process to obtain maximum recovery under the law.

collect
0
avatar
markenowens
guide
Zupyak is the world’s largest content marketing community, with over 400 000 members and 3 million articles. Explore and get your content discovered.
Read more