Wrongful Dismissal
Employers are legally bound to give a certain amount of notice and compensation when terminating employees. In situations where there is less than adequate compensation and or, less than adequate notice, there may be grounds for wrongful dismissal.
Most times, employers do grant the appropriate termination notice and compensation to their employees upon dismissal.
The time period necessary for notice is one week per year of service, up to a maximum of 8 weeks notice. This means a person with 18 months of service requires 1 week’s notice and a person with 8 or more years must be notified 8 weeks before the termination date. Usually an employee is entitled to one week of regular pay for each year of service. A regular paycheck is based on the employee’s regular hourly rate for the number of hours he normally works each week This amount is calculated, based on the previous 12 weeks of employment, before the notice of dismissal is delivered. Any benefits normally paid by the employer, such as retirement savings, medical plans, benefits and vacation, must be included. The notice of termination must be in writing and delivered to the employee by hand, fax, email or letter mail.
Things can get complicated
When there is an employment contract, the details set out in the agreement take precedence over the law, as long as the contract meets the minimum requirements of the law. This means the employee must be allowed at least the legal amount of notice or compensation.
An exception would occur in certain contract jobs with a preset term, in which case the employer may not be compelled to give dismissal notice.
When there is no employment contract or when the contract is faulty, there may be confusion if either party assumed the agreement said something different. If the original conditions were not written up properly it, the contract is meaningless.
If the employee has taken time off due to illness or other reasons, in the 12-week period before dismissal, this amount is not included in the average when calculating termination payment.
When there was just cause for dismissal, the employer does not need to provide notice of dismissal ahead of time.
Certain jobs including unionized and government jobs are exempt and are not treated the same way under the Employment Standards Act.
Employment laws are complicated and can vary depending on individual situations.
Because many people are unaware of the law, they leave jobs without any previous notice their job is ending and without the compensation they deserve. This is stressful financially and emotionally while creating anger and distrust within the employer/employee relationship.
In many cases ex-employees have little or no savings and feel compelled to accept any type of work they can find, as soon as possible.
The Furlong Ford Law Firm has a deep understanding of employment law. We have experience with these laws as they pertain to employer-employee rights and responsibilities and we successfully arrange suitable remedies where rights have been violated. With a trained and experienced employment lawyer by your side, the pressure is off you to sort things out. He/she will be able to tell you right away whether or not you have a claim. If so, he/she will be able to tell you the process involved and an approximate time period when you should expect to receive your benefits.
