Wrongful Dismissal

Wrongful Dismissal Overview

Were you terminated or let go from your job for erroneous reasons?

Our team of legal professionals understands that losing your job can be devastating, especially when you didn’t do anything that deserves dismissal. That is why we are committed to using our vast knowledge of employment law to help clients pursue legal action for wrongful dismissal.

The lawyers at our firm are familiar with federal and provincial labour laws, as well as employment standards obligations. With our experience and extensive resources in your corner, you can feel confident that your best interests will be protected throughout each phase of the legal process.

What Is Wrongful Dismissal?

Wrongful dismissal, sometimes called wrongful termination, occurs when an employee is fired from their job without a legal reason.

Examples of wrongful dismissal include:

  • The employee was fired without being offered a fair and reasonable period of working notice
  • The employer fails to pay the full amount the employee has the right to upon the termination, including notice period pay, vacation pay, severance, or final pay
  • The employer makes changes to the employment contract without the employee’s consent
  • The employee was terminated based on false allegations of termination for cause
  • The employee was fired due to discrimination and human rights violations.

Although the COVID-19 pandemic and other market factors have forced many businesses to downsize substantial portions of their staff, employers must still follow the law during these unusual circumstances. If you believe you have been wrongfully dismissed during the pandemic, please don’t hesitate to reach out to Guardian Law Group LLP so we can get to work fighting for your rights.

What Is Just Cause Termination?

Two key factors come into play when an employer fires an employee: whether the employer had a legal reason to fire with cause and what steps the employer took to give repeated warnings to the employee. Just cause termination is not the same as wrongful dismissal. There are a variety of just cause situations, including the following:

  • An employee shows up to work drunk or high
  • An employee commits an illegal act in the workplace
  • Serious misconduct in the workplace
  • An employee steals from the company or their coworkers

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    I was wrongfully dismissed. What do I do?

    If you were wrongfully dismissed by your employer without proper notice, contact us as soon as possible to learn your rights and next steps. Your lawyer can guide you through filing a complaint, build a strong claim with evidence, and negotiate with your employer for wrongful dismissal damages.

    Some of the monetary damages that you may be able to recover can include reasonable notice damages, termination pay, severance, commission/bonuses, and other damages related to the loss of employment.

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