terminated? Do You Have a Case?

Employment Termination: Do You Have a Case?

Losing a job is undeniably one of the most stressful experiences one can face, impacting not only finances but also taking a toll on the mental well-being of both the individual and their family.

Feeling powerless after a job loss is common, but it is crucial to understand your options. Do not let emotions hinder your ability to understand the avenues available, especially if you believe your termination was unjust or involved discrimination.

1. Wrongful Dismissal: Know Your Rights

When an employer lets an employee go, they must provide reasonable notice or appropriate severance pay. If they fail to do so, it is termed wrongful dismissal, and the employee has the right to seek compensation. It is important to note that a lawful termination is crucial, and any discriminatory dismissal is a breach of the Ontario Human Rights Code.

2. Human Rights Violations: Recognizing Discrimination

Employees often endure discrimination or harassment until their employment ends. Human rights claims can arise from discriminatory actions leading to termination. For instance, scenarios where an employee is fired due to conflicts initiated by others or experiences termination based on their nationality are common examples. Understanding your rights under the Human Rights Code is crucial in such cases.

3. Constructive Dismissal: When Terms Change

Sometimes, employers don’t directly terminate employment but make changes that essentially force an employee to leave. This is constructive dismissal. Examples include creating a toxic work environment or significantly altering job duties. If you believe your contract has been breached, it’s important to address the issue promptly to protect your claim.

4. Breach of Contract: Holding Employers Accountable

If an employer fails to fulfill promises made in the employment contract, such as a specific wage or fixed-term employment, the employee may have grounds for a breach of contract claim. Seeking legal advice is crucial in these situations to understand your rights and potential entitlements.

download Exit Paths a free guide to employment terminations in Ontario

Conclusion: Know Your Rights, Seek Legal Guidance

Losing a job is undoubtedly stressful, and it is essential to be aware of your rights. If you feel your rights have been violated, whether through discrimination, inadequate notice, or changes in employment conditions, seeking legal advice is a prudent first step. Consulting with an employment lawyer can help you understand the available claims and determine their strength.

Remember, knowledge is power. Understanding your legal options can make a significant difference in navigating the challenges of job loss.

Contact Achkar Law

Curious if the circumstances of your termination could be the basis for a valid lawsuit against your employer? Speak with an Achkar Law employment litigation lawyer today.

Call 1 (800) 771-7882 or email [email protected] for a personalized consultation.

Let’s explore your situation and open the doors to potential legal action.

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