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What is wrongful dismissal? Explained in three minutes.
Wrongful dismissal, also known as wrongful termination, occurs when an employee is terminated from their job without cause or without being provided with proper notice or compensation. In Ontario, wrongful dismissal law is governed by the Ontario Employment Standards Act and also the common law.
What is wrongful dismissal? Wrongful dismissal occurs when an employer terminates an employee without providing just cause or without providing proper notice or compensation. An employer must have a valid reason for terminating an employee, such as poor performance or misconduct, and must provide the employee with adequate notice or pay in lieu of notice. If an employee is terminated without cause and without proper notice or compensation, they may have a claim for wrongful dismissal.
What should an employee do when they are wrongfully dismissed? If an employee believes they have been wrongfully dismissed, they should seek legal advice as soon as possible. An experienced employment lawyer can help the employee determine whether they have a valid claim and can guide them through the process of making a claim.
The first step in making a claim for wrongful dismissal is to send a demand letter to the employer. The demand letter should outline the employee's claims, including the amount of damages they are seeking. If the employer does not respond to the demand letter or does not offer a satisfactory settlement, the employee may choose to bring a claim in court or in a tribunal.
What is an employee entitled to? An employee who has been wrongfully dismissed is entitled to damages equal to the amount of pay and benefits they would have received if they had been provided with proper notice of termination. This may include salary, benefits, and other forms of compensation, such as bonuses or stock options.
In addition to damages, an employee may also be entitled to additional compensation for mental distress and other losses suffered as a result of the wrongful dismissal. An experienced employment lawyer can help the employee determine what damages they may be entitled to and can assist in negotiating a settlement or bringing a claim in court or in a tribunal.
In conclusion, wrongful dismissal is a serious issue that can have a significant impact on an employee's life and career. If you believe you have been wrongfully dismissed, it is important to seek legal advice as soon as possible to protect your rights and interests. It's important to act quickly in these cases as there are strict time limits for making a claim.
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