Wrongful termination is when an employer terminates an employee because the employee breached the employment terms and condition. This would be considered termination without cause. Some scenarios an employer can terminate an employee without providing reasonable notice are lack of performance, ignoring protocols, creating poisonous environment, and failing to comply with health & safety procedures. This kind of termination is called just cause termination. If you have experienced a just cause termination, we are the Toronto paralegal here to provide the Court’s representation.
Pursuant to the law, termination with cause requires an employer to prove that the employee acted in wilful misconduct and wilful negligence. Only if an employer proves that the employee acted in such conduct, the employer does not need to provide their employee with their minimum employment standards under the Employment Standards Act (“ESA”). If you are in the situation where your employer has fired you with cause or without cause, we are Toronto Paralegals that are available to provide you utmost care, compassion, and will work to protect your interests.
In Ontario, employers are allowed to terminate their employee for any reason. However, employees are entitled to a reasonable notice period and a fair severance package. Under the ESA, depending on the contract, employees are entitled to a minimum two weeks notice with continuation of benefits.
Pursuant to common law, many factors are taken into consideration to evaluate the severance package an individual is entitled to. Examples of the factors are wages, age, position, skill, and length of employment. Some employees are not entitled to the termination pay like employees who were employed for less than three-months, employees on short term layoff, and employees who refuse reasonable alternative employment opportunities. If an employer does not provide an employee with reasonable notice and continuation of their benefits, the employee can proceed with litigation to claim what they are entitled to.
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