What Happens After I Have Been Fired?
Are you a non-unionized employee in a provincial sector job in Ontario? Knowing your legal protections is crucial. But what happens if you're suddenly let go from your job? This blog post aims to clarify wrongful dismissal law, providing insights for employees whose termination rights fall under Ontario's Employment Standards Act.
Deciphering "Wrongful Dismissal"
For most non-unionized employees in Ontario, employers have the right to terminate employment without cause. However, they must provide notice of termination. This notice period may involve continued work or payment in lieu of notice.
Essentially, "wrongful dismissal" occurs when an employer fails to provide the correct notice of termination, whether as a period of time or pay in lieu of notice, as required by law.
Understanding Notice Entitlements
Ontario law mandates minimum notice periods based on an employee's length of service with their employer. In simple terms, you're entitled to one week's notice for each year of service, capped at eight weeks. In cases of mass layoffs exceeding 50 employees within a four-week period, the minimum notice requirement increases.
However, you may be entitled to more. Factors such as written employment contracts or employer policies may stipulate longer notice periods. Additionally, common law notice could extend beyond statutory requirements, contingent upon various factors.
Understanding Severance Rights
Severance, recognizing long service with a single employer, is governed by the Employment Standards Act. Employees with at least five years of continuous service and employed by a company with a payroll of $2.5 million or more qualify for minimum severance. This equals to one week's severance pay per year of service, up to 26 weeks.
Nevertheless, actual severance entitlements may exceed these statutory limits, contingent upon employment contracts or employer policies.
Addressing Terminations "For Cause"
Termination "for cause" implies severe misconduct or unaddressed performance issues leading to dismissal. In such instances, employers are not obligated to provide notice or severance.
Discriminatory Terminations
Employers cannot terminate employment based on prohibited grounds of discrimination outlined in Ontario's Human Rights Code. If you are terminated for discriminatory reasons, you may challenge the dismissal's lawfulness.
Exploring Recourse Options
Ontario Ministry of Labour Complaint: Claim notice and severance entitlements under the Employment Standards Act within two years of termination. Legal proceedings or ministry complaints are mutually exclusive.
Ontario Human Rights Tribunal Complaint: File complaints within one year of the last discriminatory incident.
Civil Court Proceedings: Seek fair compensation through legal action in Small Claims Court or Superior Court.
Negotiated Settlements: Reach mutually beneficial resolutions, sparing both parties the burdens of legal proceedings.
In Summary
Understanding wrongful dismissal nuances requires a thorough review of individual circumstances. Success hinges on various factors, necessitating expert guidance to navigate legal complexities effectively. For personalized advice and representation, our team is here to help.
Feel free to reach out to learn more about your options for legal advice and representation.
