What Is Wrongful Dismissal Ontario All About?

Do you suspect that you have been wrongfully dismissed by your employer

? If this is the case, then you could be entitled to more benefits than you have received and you should talk to a wrongful dismissal Ontario lawyer for advice. Prior to visiting, knowing a little about what is involved can be very helpful.

Dismissing an employee is legal if there has been an appropriate amount of time that has been given as notice of the termination or there has been an appropriate amount of compensation provided to the employee. There are different ways of calculating what is appropriate time or compensation however.

There are various situations that can make a dismissal wrongful and this could be when their human rights, or workplace law, has been violated. You can find several different examples of these situations, but one of the more common ones is when someone is not returned to their position after a period of maternity leave.

When you are talking about 'wrongful dismissal', the wrongful is referring generally to a failure on the part of the employer or business to give the person enough notice about the termination according to state law. Often businesses will choose to offer compensation instead of keep the employee in their business on notice following their termination. The reason for this is that an employee on notice is unlikely to be productive within the workplace and may also be a negative force on the rest of the staff. If the person is on working notice, they cannot have their job roles or compensation legally altered during that time period.

There are regulations to cover the correct amount of notice and it usually starts with one week of notice for every year you have been with the company to a maximum of eight weeks. The period of time may also be affected by other elements such as your training and experience, level of responsibility in the business and the availability of alternative jobs in the market.

Operating in 'bad faith' can also affect the amount of the compensation that should be given to a former employee. Acting in 'bad faith' may include things like, the business making claims or allegations that they cannot back up related to fraud, harassment and so on; or ending the position without reasonable warning or explanation.

If you think that you may have been wrongfully dismissed, then you should visit a wrongful dismissal Ontario lawyer to learn more about your rights as an employee and whether or not you may have a case.

wrongful dismissal Ontario

by: Miranda Cunningham

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