Have you been let go “without cause?”
Wrongful dismissal is when the employer lets a person go without cause and refuses to provide notice or termination pay. This is against the law.
However, as long as the employer gives notice or termination pay, they can let a person go for any reason or no reason as long as it’s not discriminatory.
If you have been offered a severance package, don’t sign until you’ve had the offer reviewed by a lawyer. Click here to learn what you need to know.
Bear in mind that The Ministry of Labour can only enforce the minimum an employer must provide. The common law on the other hand, with the help of our lawyers, can potentially award you many months of severance pay vs. a few weeks.
Have you been let go “with a cause?”
“With cause” is when you’ve been let go and your employer doesn’t give you notice or termination pay.
You can fight this and claim “wrongful dismissal”.
Thankfully, the odds of fighting it and winning are very much in your favor. Even if you’ve stepped out of line, most employers lose. It’s very, very hard for employers to prove ‘just cause’ and not pay you any termination pay or severance.
Also, if the employer is shown to have acted in bad faith to avoid paying termination pay, you can sue them and be awarded “aggravated damages” to compensate you in addition to your severance pay.