613-714-1099 info@jjdlaw.ca

Wrongful dismissal

Whenever an employee gets terminated without notice, there are various questions that come to mind. The first and most important question is “Is the termination wrongful?” Every employer has a reason for terminating an employee, and the case of termination without a notice is quite rare. Yet employees feel that they have been treated wrongly and can file a wrongful dismissal case. There are a lot of unanswered questions related to compensation, remuneration and more in cases of sudden termination of employees. It is advisable to get in touch with an employment lawyer in Ottawa to know your rights. Discuss with the lawyer and understand whether you case accounts for wrongful dismissal or not.

It is important to understand wrongful dismissal and the situations that account for wrongful dismissal. A wrongful dismissal occurs when –

  • The dismissal is discriminatory
  • The dismissal occurred due to an employee attempting to enforce a right
  • The dismissal was done without reasonable notice.
  • Employer meets statutory minimums, but notice is not in accordance with Common Law in Ottawa.

Thus, even if the reason for termination is valid and legal, but the employee was not provided enough notice, it is can be termed as a wrongful dismissal. The notice can be in various forms including a notice for working period, lump sum payment in lieu of notice or salary continuance in notice period.

In case of wrongful dismissal cases, the employer may claim that the employee behaved wrongly or committed some form of misconduct. This action eliminated the need of a reasonable severance package or notice. If you feel you have been dismissed wrongly, you should consult an employment lawyer in Ottawa. But make sure, you consult a lawyer before signing off any documents that determines your severance package or anything else. There is a common misconception that wrongful termination means that the decision was improper. You need to understand that it does not mean that the employer’s decision to dismiss the employee was improper or unlawful. In any organizational structure, both the employee and employer have the right to terminate the employment relationship at any time. It can be for any lawful reason as long but the other party involved needs to be provided with sufficient notice. When an employee is asked to leave before the end of their notice period, they are entitled to payment or remuneration for the remaining period.

Always consult a professional lawyer and discuss you case in detail. It will ensure that you get the best advice.