Wrongful Dismissal Examples

how to prove wrongful dismissal

Wrongful Dismissal Definition

Wrongful dismissal means a claim made by an employee that their employer has breached their employment agreement with regard to those terms and conditions concerning employment termination. The following are a list of examples of wrongful dismissal claims.

Wrongful Dismissal Example 1: Not enough severance

If an employee is not provided enough severance, it is a wrongful dismissal. Thus, the question becomes, how much severance is an employee entitled to? Read our blog post on calculating severance to determine if a wrongful dismissal may have occurred.

Wrongful Dismissal Example 2: Not enough notice

If an employee is not provided enough advanced notice of termination, it is a wrongful dismissal. Thus, the question becomes, how much advanced notice of termination is an employee entitled to? Read our blog post on calculating notice to determine if a wrongful dismissal may have occurred.

Wrongful Dismissal Example 3: Unfounded just cause allegations

If an employee is terminated with just cause, but a court later determines the employer lacked just cause, it is a wrongful dismissal. Thus, the question becomes, what is just cause? Read our blog post on just cause to determine if a wrongful dismissal may have occurred.

Wrongful Dismissal Example 4: Benefits not continued

If an employee has been terminated from work, but was not provided benefit continuation for all benefits over the entire notice period, it may be a wrongful dismissal. An employer must continue all of an employee’s benefits over at least the statutory notice period (and the common law notice period unless a valid contract says otherwise). This would include everything from health and dental, short term disability, even pension contributions. Read our post on benefits to determine if a wrongful dismissal may have occurred.

Wrongful Dismissal Example 5: Commissions not paid over the notice period

If a sales person or commissioned employee is not provided his or her commissions that he would have earned had he stayed over the notice period, it may be a wrongful dismissal. Read our blog post on severance for commissioned employees to determine if a wrongful dismissal may have occurred.

Wrongful Dismissal Example 6: Bonuses not paid over the notice period

If an employee has been terminated from work but was not provided with the bonus they would have received had they worked through the notice period, it may be a wrongful dismissal. Unless there is an enforceable employment contract saying otherwise, an employer must pay all usual bonuses over the notice period. For example, if a long standing manager is terminated, he or she may be entitled to his or her bonus the year they were terminated and the bonus they would have received had they stayed at the company for the next two years. Read our wrongful dismissal guide for more.

Wrongful Dismissal Example 7: The employee was constructively dismissed

If an employee is constructively dismissed from work, and resigns, but the employer refuses to pay severance, it may be a wrongful dismissal. Read our blog post on constructive dismissal to determine if a wrongful dismissal may have occurred.

Wrongful Dismissal Example 8: A contractor was not provided any notice

If a contractor was terminated from work without notice, it may be a wrongful dismissal. Many employers misclassify their employees as contractors. Even still, dependent contractors and even independent contractors may be entitled to notice and or severance. Read our post on contractors and our post on severance for contractors to determine if a wrongful dismissal may have occurred.

Wrongful Dismissal Example 9: Employer did not fulfil obligations contained in contract

An employer often promises an employee certain terms and conditions following termination as contained in a termination clause in an employment contract. For example, the employer may promise to continue benefits or pay salary plus bonus for a certain period of time following the termination date. If the employer, however, fails to pay its promised amounts to the employee, it may be wrongful dismissal. Read our post on termination clauses for more information.

Wrongful Dismissal Example 10: Terminated before end of fixed term

If an employer promises to employ someone for a fixed time (i.e. one year), then it may be a wrongful dismissal if the employee is terminated before the end of the fixed term without pay. Unless the employment contract has a valid and enforceable termination clause limiting rights to notice, the employee may be entitled to payment representing the balance of the fixed term contract. Think of it like an NBA player contract. Even if the player is benched or kicked off the team before his deal expires, he still gets his money.

Wrongful Dismissal Example 11: Probationary employee terminated without any notice

If a probationary clause in an employment contract gives an employer the right to terminate an employee without notice within 90 days, it may still be a wrongful dismissal if the employer terminated the employee in bad faith. An employer can only exercise a probationary clause if it reasonably assessed the employee’s suitability for the position in good faith all the while giving him or her a bonafide opportunity to succeed. Read our blog post on probationary clauses for more information.

Dutton Employment Law assists employers and employees in all industries in all wrongful dismissal matters. Contact us for help.