Navigating the unclear rules of employment law can be very difficult task. This is especially true when it comes to the end of an employment relationship, where a dismissed employee may experience a great deal of stress and anxiety.
At Pinto Law, we understand the pressures employees go through in these difficult circumstances, which is why our firm provides expert legal advice on all workplace matters.
Some common questions that we receive from our clients are:
- What are the minimum compensation requirements that my employer has to provide me?
- Am I entitled to any additional compensation?
- Do I have to look for another job right away?
- I’ve been offered a settlement, which I only get if I sign a release – should I sign it?
Dismissal without Cause
It is a common myth that an employer has to have a reason to fire an employee. This is simply not true. As long as the dismissal is not related to any grounds related to human rights, the employment relationship may end if an employer provides an employee without adequate notice. The question of whether you have received adequate notice should be discussed with a knowledgeable legal expert specializing in employment law.
Dismissal For Cause
There are circumstances where an employer does not need to provide any notice or compensation when dismissing an employee. This is reserved for the rare cases where an employer alleges that an employee has committed a serious wrongdoing or breached a term of the employment contract, which would justify such a harsh penalty. However, it may be that an employer has overreacted and has an alleged cause when it is not justified. If your employer has alleged cause and dismissed you, please contact our law firm to assess your situation.
At times, it may not be necessary for an employee to have been formally dismissed by their employer. An employee can also be “constructively dismissed”, where the working conditions are so difficult that the employee simply cannot continue working at their job. Examples of what can constitute a constructive dismissal include: a demotion, a pay cut, loss of benefits, loss of prestige or a forced relocation. If you believe you have been constructively dismissed by your employer, please contact our law firm for a free consultation.
Assessment of Severance Package
Unless dismissed for cause, all employees in Ontario are entitled to certain minimum entitlements that are guaranteed by our legislation. It is important to remember that this is simply the minimum an employer has to provide. You may be entitled to additional compensation depending on your specific circumstances. Before signing any release or settlement documentation, please contact our law firm for an assessment of whether you have been offered a fair and reasonable severance package.
If you have any employment law related questions, please contact Pinto Law for a free 30 minute consultation by phone. A knowledgeable employment lawyer will discuss your legal options and next steps forward.