Wrongful Dismissal Lawyers
If you’ve been terminated or laid off from your employment, it is important that you seek legal advice before signing any release document or exit agreement. An employer may not advise you at the time of termination that you have the right to speak to a lawyer, but you have a legal right to do so, and more often than not it is very important that you do.
It is rare for an employer to offer you more than you are entitled to when you’ve been terminated. In fact, in most cases, an employee is entitled to significantly more compensation than what their employer has initially offered upon termination. There are also many factors to consider other than the amount of compensation offered including benefits, tax implications, and applicable provincial and federal legislation.
What To Do If You’ve Been Wrongfully Dismissed?
If you have been wrongfully dismissed do not sign any documents provided to you by your employer without having them first reviewed by an experienced employment lawyer. Often employers will attempt to have you sign a Release, waiving any potential claim you may have against them.
Make sure you keep a record of anything leading up to your dismissal. If there have been meetings and conversations, make notes of what was said in these meetings, and date them. It can also be helpful to follow up after a meeting with an email to confirm what was said in the meeting. If your employer does not take issue with how you frame what occurred in the meeting you can then rely on your email afterwards to establish that is what happened.
If there are emails and documents surrounding any incidents that lead to a dismissal, keep copies of these documents. They, and your employment contract and any termination documents will be important for an employment lawyer to properly advise you as to your rights and remedies.
What Compensation Am I Entitled To For My Wrongful Dismissal?
If you have had your employment terminated without cause, you are entitled to working notice, or severance in lieu of notice. What severance you are entitled to will depend on a number of factors. If you have an employment contract that states what you are entitled to upon termination, the terms of the contract may decide the issue. However, not all employment contracts are enforceable, which is why you should always have your employment contract reviewed by an experienced employment lawyer before accepting any offer from an employer.
If you do not have an employment contract, or that contract is found to be unenforceable, then your compensation will be based on the legislated minimum entitlements and the common law. Factors that will be considered when determining what compensation you would be entitled to include:
- Your Salary
- Your Age
- Your Length of Service
- Your Ability to Find New Employment
- Your Benefits
- Your Bonuses
- Any Other Payments You Earned When Employed
The upper limit of severance payments was long thought to be 24 months’ pay, however recent case law out of the Ontario Courts has indicated that there may be a move under common law to higher amounts in specific cases.
Experienced Wrongful Dismissal Lawyers
The lawyers at Taylor & Blair LLP can advise you on your legal rights arising from your termination or lay off, including severance pay and other compensation you are owed.
Contact Taylor & Blair LLP today to set up a consultation regarding your wrongful dismissal.