wrongful dismissal happen due to changes in management
The news is often rife with stories of mass job losses due to corporate closures, reorganization processes or staff reductions. Sometimes, these events are referred to as layoffs, while others as terminations. While they may have the same negative effect on employees, the terms do carry distinct legal meanings and implications.
If your employment terminates without warning, you might be entitled to a severance package or termination pay depending on your employment contract and the circumstances surrounding your firing. You might also be eligible to claim wrongful dismissal, particularly if you were fired because of a discriminatory factor such as race, gender, age or religious preference. If you have a valid wrongful dismissal claim, your Toronto wrongful dismissal lawyer can help you secure the proper compensation to move forward with your life.
In most cases, wrongful dismissal occurs as a result of the employer violating a contractual obligation or some type of public law. In the case of a non-unionized workplace, this can mean an employer violates the Labour Relations Act (LRA) or the Employment Standards Act (ESA). For unionized workers, violations may occur under their collective agreements.
Can wrongful dismissal happen due to changes in management?
The line between a legal and illegal firing is very thin. For example, a supervisor may fire a worker if they feel the employee has done something that is against company policy, shareholder fraud or wage theft. This type of firing is generally legal because it can be considered as a remedy to the problem.
On the other hand, an employer cannot fire a worker if they have complained about workplace harassment, sexual misconduct or discrimination. In this instance, the employer may be committing a form of retaliation and may be in breach of public laws.
An employer must also provide clear reasons for terminating a worker, or at least attempt to do so. Vague explanations or a change in management style or tone may point to wrongful termination. A seasoned wrongful dismissal lawyer can help you determine if your case warrants immediate legal action.
In the case of a wrongful dismissal, your lawyer can help you pursue financial compensation for lost wages and other associated expenses. However, you should be aware that reinstatement or a return to your previous position is rare. This is because Courts are usually reluctant to force people back into a working relationship. Your wrongful dismissal attorney will guide you through the intricacies of launching a lawsuit and explain your options for recovering damages.
Bune Law is a reputable firm with the experience, dedication and reputation for assisting employees in their wrongful termination claims. Contact us today to schedule a consultation. This is the best way to get your questions answered regarding employment law. We serve clients in Toronto and throughout Ontario. We are committed to ensuring that all of our clients receive the compensation they deserve. This includes severance packages, termination pay and compensation for any related emotional distress. Our lawyers understand the tactics that employers use to avoid paying their statutory entitlements, and we are prepared to fight for your rights to compensation.
