Every employer in Barrie and throughout Ontario must provide either a reason that it has just cause to terminate a worker’s employment, or reasonable notice and payment to the employee in accordance with both the Ontario Employment Standards Act and the common law. Failure to do so will result in a wrongful termination and might entitle the employee to damages.
In addition, if disability or other illegal considerations played a part in the termination, the employer may also be liable for damages for violating the employee’s human rights. For assistance with holding a business owner accountable, it is best to work with a Barrie employment lawyer from our firm.
If you are in a union and you are terminated from employment, you are not permitted to hire your own lawyer, but rather you need to work with your union to file a grievance with respect to your termination. However, if you’re not in any union, the law in Barrie and throughout Ontario stipulates that unless your employer has reason to terminate you for cause (which is very difficult to prove), you should be entitled to reasonable notice of termination or payment in lieu thereof. Employers will sometimes refer to this as severance or termination pay, but it is really more than that.
Severance and/or termination pay is taken from the Employment Standards Act. However, it is important to note that terminated employees are generally entitled to more than the minimums set out in the Employment Standards Act. If you are terminated without cause, your employer has a legal obligation to provide you with reasonable notice of termination, which is determined by looking at your age, length of service, level of responsibility at the company, and job climate. Reasonable notice is often several weeks (or even a month or more) for every year of service.
If your employer attempts to terminate you and provide you with only the employment standard minimums, you should not sign or agree to the proposal without speaking to a Barrie employment lawyer at Rastin Law who has the expertise to ensure that you will get both the statutory notice and common law entitlement that you are owed.
The lawyers at Rastin Law will also talk to about whether other relevant factors may be at play, such as potential human rights violations, bad faith conduct, or discrimination based on disability leading to termination.
Even if your employer argues that it had “just cause” to terminate you, you should still talk to an employment lawyer at Rastin Law. In our experience, employers will often argue that they have sufficient grounds to terminate with no compensation when, in fact, the law does not support their position.
If you have been wrongfully terminated or discriminated against on the basis of gender, race, age, sexual orientation, or disability, you should obtain proper legal advice.
If you believe that a violation of Ontario’s labor laws has affected your wages or ability to work, a Barrie employment lawyer may be able help. One of our elite trial lawyers could improve your understanding of relevant laws, determine whether you have a valid claim, and work to obtain the appropriate legal remedies on your behalf.
Every worker in Barrie deserves to earn fair wages with dignity. A combination of federal and provincial laws protects employees from mistreat on the basis of their identity as well as unfair wages. A Barrie employment lawyer could help you assert your right to fair treatment at work, so call us today to schedule an appointment.