Wrongful Dismissal Lawyer Toronto

What is a wrongful dismissal?

A non-unionized employer under the regulation of the province of Ontario is allowed to let an employee go from their job for any reason if it provides reasonable notice to the terminated employee (an employer does not even need to provide a reason for a termination). Reasonable notice can be provided in the form of working notice, termination pay in lieu of notice and severance.

“[A]n action for wrongful dismissal is based on an implied obligation in the employment contract to give reasonable notice of an intention to terminate the relationship in the absence of just cause. Thus, if an employer fails to provide reasonable notice of termination, the employee can bring an action for breach of the implied term” (Honda Canada Inc. v. Keays, 2008 SCC 39 (CanLII) at para. 50 ).

Accordingly, it is only a "wrongful dismissal" when the employer fails to give a terminated employee "reasonable notice" (i.e. enough notice) of his or her termination. Thus, the key dispute in a wrongful dismissal case is the amount of notice or termination pay in lieu of notice that an employee is entitled to.

A "wrongful dismissal" lawsuit is not actually about the wrongness or rightness, the reason or the form of the actual termination. A wrongful dismissal only arises if the employer breaches the employment contract by failing to give the terminated employee enough "reasonable notice" of the termination. Thus, generally there is no money awarded to a wrongfully dismissed employee for the loss of their job or pain and suffering that may have been suffered. Rather, a wrongful dismissal lawsuit is only about getting the employee more pay in lieu of reasonable notice. However, in rare instances, a wrongfully dismissed employee may be entitled to further extraordinary remedies such as punitive damages.

How much reasonable notice am I owed?

Calculating how much reasonable notice an employee is entitled to is an art, not a science. Employment lawyers examine a wide range of factors that need to be considered, including an employee’s salary, age, tenure and position. There is no formula, and there is no rule that states that an employee gets one month of notice per year of service, contrary to popular belief. In fact, most employees are entitled to well over a month of notice per year. Click for more in our detailed guide to wrongful dismissal and the calculation of reasonable notice. Consider also reviewing the CanlII free online textbook for wrongful dismissal.

How can Dutton Employment Law help?

We can let you know if you have been wrongfully dismissed, write a demand letter asking for additional notice / severance / termination pay or launch a wrongful dismissal lawsuit.

Dutton Employment Law is a wrongful dismissal law firm.

Dutton Employment Law is a Toronto wrongful dismissal law firm. Individuals regularly seek out our firm because of our reputation for sound advice, commitment to customer service and tireless advocacy. If you have been let go or believe you are about to be let go, you have found the right employment law firm.

If you have been let go without reasonable notice, or you are unsure the notice (i.e. severance package) offered by your employer is reasonable, contact a Toronto wrongful dismissal lawyer today. Our wrongful dismissal counsel has the experience, reputation and record of success to vigorously defend your legal rights.