At Monteith Baker Johnston Doodnauth Professional Corporation we understand that being suddenly terminated from your job can have a profound impact on your life. You will want to know whether you received reasonable notice and severance pay.
You may be an employer who wants to know:
- Do I have grounds to terminate an employee for consistent poor performance and/or insubordination towards management?
Or, perhaps, as an employee you want to know:
- Do I have to put up with racism or sexually harassing comments by a co-worker?
Monteith Baker Johnston Doodnauth Professional Corporation and its lawyers are ready to assist you in ensuring that whether you are an employee or employer your rights are protected. We will provide you with advice and an effective strategy to successfully navigate you through these hard times.
In our employment law practice we assist clients with the following:
- Wrongful dismissal
- Constructive dismissal
- Severance package review
- Human rights and discrimination claims
- Sexual or other harassment at work
- Employment contracts
- The rights and obligations of employers
- Law of hiring
- Long term and short term disability
- Representation at administrative boards and tribunal hearings
Wrongful dismissal is the term used in Canadian employment law to describe a situation in which an employer fails to provide proper notice or payment in lieu of notice to an employee when the employee is terminated. Terminations can be for just cause or without cause. In the case of a just cause termination it is important to understand whether or not an employer had the required and sufficient evidence to establish that they were justified in terminating you. In such circumstances an employer may take the position that they were justified in terminating you and that no notice or payment in lieu of notice is required. Our firm will provide you with a review of the circumstances surrounding your termination and offer advice on whether you have grounds to make a claim for wrongful dismissal.
In the case of a without cause termination it is important to look at whether or not the notice package is sufficient based on a number of criteria including, but not limited to:
- Employment Standards Act
- Terms of an employment contract
- Employee’s age
- Employee’s length of service
- Type of position of employee
- Ability to find comparable other employment
We would also determine whether you are entitled to bonuses, benefits continuation, stock options, vacation pay and moving expenses.
Constructive dismissal is a term that describes a scenario where you are still technically employed but an employer has fundamentally breached or altered a condition of your employment. For instance, your salary has been reduced significantly or your hours are reduced or your responsibilities have been scaled back significantly without due consideration or you are being relocated to another location. Abusive treatment or a forced leave of absence may also constitute constructive dismissal.
If such a breach of your rights has occurred it is important that you get legal advice so that you can communicate to the employer that you do not accept the breach. If the problem cannot be resolved you may have to resign and start an action for wrongful dismissal.