Hiring a Lawyer for Wrongful Termination?

Wrongful termination in Ontario encompasses more than the widespread misunderstanding of being let go without a valid reason. It specifically refers to situations where an employee is terminated without being given reasonable notice. This article looks into the legal considerations when facing wrongful termination, highlighting the pivotal role of a lawyer specialized in these matters.

Please note: This article is tailored for non-unionized employees who are not federally employed, as different statutory rights apply to federal employees.

Your employer may terminate your employment for a variety of reasons, or even without any particular reason. However, many employees are taken aback to learn that even top performers can be dismissed for reasons not related to their job performance.

It is illegal for employers to dismiss employees based on reasons prohibited under the Human Rights Code. This includes discrimination based on age, ancestry, citizenship, colour, creed, disability, ethnic origin, family status, marital status, race, receipt of public assistance, place of origin, sex, or sexual orientation, as well as dismissal as a form of retaliation in specific instances.

Understanding Wrongful Termination

Wrongful termination involves two primary scenarios:

Dismissal Without Cause: Termination without providing reasonable notice.
Dismissal With Cause Without Justification: Termination for a supposed cause without legal backing.

The Importance of Notice of Termination

Notice refers to the legally required period you are entitled to either work or be compensated for upon termination. Factors influencing what is considered in this compensation include salary, bonuses, benefits, and other allowances, with bonuses typically prorated for the notice period.

Notice Periods and Compensation Explained

Types of Notice: Working notice versus pay in lieu of notice.
Reasonable Notice: Includes statutory minimums and can exceed these based on common law.
Factors Affecting Reasonable Notice: These factors include the nature of your employment, your age, length of service, and the availability of similar employment opportunities.

The Role of Employment Agreements

Employment agreements may limit common law notice but must not offer less than statutory minimums. Any ambiguity in these clauses can lead to them being invalidated by the court.

Time Limit for Claims

There is a 2-year limitation period to file a claim for wrongful termination, emphasizing the importance of seeking legal advice promptly.

Compensation for Wrongful Termination

Compensation varies based on length of employment, with statutory severance pay equating to 1 week of pay for each year worked, underlining the complexity of calculating entitlements.

Additional Considerations

Factors like inducement to leave a previous job, unfounded allegations of just cause, bad faith in dismissal, non-compete agreements, and failure to mitigate can all impact your entitlements and are crucial aspects a wrongful termination lawyer will help you navigate.

Wrongful Termination Compensation Table

Length of Employment	Reasonable Notice Period
3 months – less than one year	1 week
1 year – 3 years less a day	2 weeks
3 years – 4 years less a day	3 weeks
4 years – 5 years less a day	4 weeks
5 years – 6 years less a day	5 weeks
6 years – 7 years less a day	6 weeks
7 years – 8 years less a day	7 weeks
8 years or more	8 weeks

How a Lawyer for Wrongful Termination Can Assist You

Facing wrongful termination is a daunting experience. A lawyer specializing in wrongful termination can offer invaluable assistance in several ways:

Legal Assessment and Case Building: Evaluating your case against employment laws and contractual agreements.
Negotiation and Mediation: Representing your interests to seek fair resolution without court intervention.
Court Representation: Providing strong representation in court if necessary.
Maximizing Compensation: Ensuring you receive all compensation you are entitled to, including for emotional distress and punitive damages.

In Conclusion

Understanding and addressing wrongful termination in Ontario necessitates thorough legal knowledge and strategic action. Consulting with a lawyer for wrongful termination is critical for effectively navigating these challenges. If you suspect you have been wrongfully terminated, seeking prompt legal advice is imperative to protect your rights.

Contact Achkar Law

At Achkar Law, our team of experienced lawyers for wrongful termination is dedicated to defending your rights and securing the compensation you rightfully deserve. Facing wrongful dismissal can be overwhelming, but you don’t have to go through it alone. Contact us to navigate the complexities of employment law together, ensuring justice is served for your case.

Toll-free: 1 (800) 771-7882
Email: [email protected]

Need an Unjust Termination Lawyer?

If you’ve been terminated unfairly, our experienced lawyers are here to help you. Get in touch to secure the legal support you need to address your situation and fight for your rights.

What Our Clients Are Saying

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Jean Sagasag

I recently had a consultation with Charlie Millar and I was impressed with his knowledge and understanding of my situation. He was honest and kind. My experience was very positive and I will be recommending him to family and friends.

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Had a great consultation with Chris! He was able to see me quite quickly and put me at ease during a very stressful time with his expertise and clear questions. He provided me with multiple options based on my situation and set me on course in the right direction. Thank you!!

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Alain Matar

I recently had a consultation with Charlie Millar, and I must say, the experience from start to finish was outstanding. From the initial contact with the company to accommodating an urgent call, everything was handled seamlessly. Charles was incredibly helpful and knowledgeable, showing a clear understanding of my situation. I'm thoroughly impressed and will definitely reach out to him for any future inquiries

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I had a consultation with an employment lawyer and it went so well. Leading up to the meeting the clerk was responsive, informative and helpful; not to mention very polite. When I had the opportunity to sit with the lawyer she was friendly, attentive, and very well educated. She gave me honest answers to all my questions and provided me with all my options very clearly. It was a pleasure to talk with her and it made me feel a lot better about my situation. She calmed me down and made me feel heard and that I am not alone.I would recommend them to others.

mike battista

Initially, when I had the opportunity to speak with Charles Millar. I was impressed. I consider him a "man of refreshing candour", knowledge, and kindness. I have been dealing with Charles now for several months. He follows up in a timely manner. He's been on point with his recommendations; I feel very confident that his action plans are very well thought out and structured. It has been a pleasure consulting with him. I will be recommending him to friends and family. True professionals like Charles are definitely hard to come by.Thank you.

Christina

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Gisele Godin

I was in distressed for 24 hours when I unexpectedly lost my job yesterday. This morning, I had a meeting, and it turns out, I'm not the only one in this position when it comes to employment and that makes this stress less heavy. Thank you Achkard Law for your support and expertise.Looking forward to working with you.Gisele

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The whole team, from the start with Rachel and Charles to the conclusion of the hard work and success by Natalie was very positive. I have never been in a situation of constructive dismissal or without a job. They were an outstanding resource and well worth it. I hope they continue to expand their business and hopefully come out west. I would certainly recommend this company and particularly Natalie.

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Excellent, professional and thorough. Communication was always clear and concise and they were open and available for questions and support throughout the whole process. Everyone I dealt with at the office was great. Thank you Madison, Charles and Natalie for your quality work! Couldn't be happier with the process from beginning to end and of course, the result.

Kay Zee

Christopher was extremely supportive during a transitional period at my workplace. Together, we explored my options, and his guidance was consistently insightful. I had an outstanding experience and would certainly enlist his services again anytime in the future.

Matthew Mccormick

I had spoken with Mariel. She was really sympathetic and made everything easy to understand. Calmed my nerves and explained everything fully.

Leandra LeGendre

I had the pleasure of working with Chris regarding a severance package. He was thorough, asked great questions, and made sure things I hadn't thought about were covered and that I was being treated fairly. In addition to being happy with the quality of Chris' work, he was kind and even asked about my daughter. He clearly cares about people and that value came through in our conversations which I appreciated.

Rachel Lea Heide

My first consultation meeting with associate lawyer Mariel was very positive and helpful. I really appreciated her questions, empathy, listening, and expertise and advice she was able to give even at the very beginning of my file. If my work situation doesn't improve, I do look forward to working with Mariel and the Achkar Law firm team to tackle the issues.

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I had a great experience. Great team, very helpful and understanding. Will use them again in the future.

Mac MacGillivray

Madison was a great resource and put my mind to ease. I look forward to working with Madison to resolve my claim. Achkar Law took the time to research my concerns, were quick to respond on line and spoke to a lawyer within 24 hours. They provide kind and friendly service and care about their clients.

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I had a talk with Charles Millar, and he was a gentleman and a scholar. Very knowledgeable and extremely helpful. He demonstrated in depth understanding of the rules and laws surrounding my issue, which made me feel comfortable in his representation.I’ll continue to utilize the skills of Charles as well as the rest of his team.

J. T.

Charles is an absolute professional. He is approachable and answers all the questions that I have regarding my case. He read through all the materials that I shared with him before the meeting, so that I did not need to repeat myself. Our strategy session was very productive, and he shared all the actionable steps and provided great legal advice. I will reach out to him again if we need additional help.