By Matt Lalande in Employment Law on June 27, 2018
Losing your job can be a difficult experience, particularly if you are fired with little or no cause. In this case, you may need legal assistance. Look for these signs to help you judge the situation.
Discrimination – The Ontario Human Rights Code protects employees from unjust discrimination and harassment, especially in terms of employment. Employers cannot dismiss you without legal grounds, unless you are in the jurisdiction of a probationary period. If you are fired, your employer must prove that the decision was based on solely on performance, not because of race, sex, or disability. If you suspect you were fired for these reasons, file a complaint with the Ontario Human Rights Commission.
Lack of reasonable notice – Your employer is obliged to provide reasonable notice until your final day of work. Length of service (and the position you held) may influence the amount of notice required. If you were given insufficient notice, you have grounds to dispute your termination.
Improper contractual obligations – Your employment contract is likely to have a termination clause, which must comply with the rules established by the Employment Standards Act. The act specifies the requirements for both employers and employees. Read your contract thoroughly to see if it adheres to those standards.
Threat of reprisals – Laws in Canada exist to guarantee employees a safe working environment, adequate breaks, and suitable working hours. If you are dismissed because you alerted the employer to these types of violations, your termination may be overturned.
Signing immediately – Your employer may offer a termination package on the day you are fired and ask you to sign it. Do not sign anything; take a week to review the specifics. If you are pressured to sign, the package can be deemed invalid and you may be entitled to additional compensation.
You may be eligible to claim unlawful dismissal. Keep in mind there could be other factors involved in your firing. Talk to a lawyer who specializes in employment law; many provide a free consultation and do not charge fees unless you receive a settlement.
For expert legal advice, call Lalande Personal Injury Lawyers. We specialize in personal injury and employment law. Matt Lalande has helping clients who have been terminated wrongfully since 2003. Contact us at (905) 333-8888 or fill in a contact form today.