What is Wrongful Termination in Ontario?

September 20th, 2023
Gosai Law

Wrongful termination is a distressing situation that can leave employees feeling helpless and vulnerable. In many jurisdictions in Canada, like Ontario, employees have rights that protect them from being unjustly dismissed or fired from their jobs.

What constitutes as Wrongful Termination

Wrongful termination occurs when an employer ends an employment relationship without just cause or without following proper legal procedures. The Employment Standards Act, 2000, and the Ontario Human Rights Code outline the rights and protections granted to employees.

Wrongful Termination can take various forms, including:

  1. Termination without notice or insufficient notice: Employers must provide reasonable notice or payment in lieu of notice when ending an employment relationship, unless there is just cause for immediate termination.
  2. Discriminatory or retaliatory termination: Firing an employee based on factors such as race, gender, age, disability, or in retaliation for reporting workplace violations is illegal in Ontario.
  3. Constructive dismissal: If an employer makes significant changes to an employee’s job, salary, or working conditions without their consent, it can be considered a constructive dismissal, which is also wrongful termination.

If you believe you’ve been wrongfully terminated, we recommend:

Seeking Legal Counsel: Consult an experienced employment lawyer to evaluate your case. They can assess the circumstances of your termination and advise you on the best course of action.

Documenting Everything: Collect evidence, including termination letters, emails, witness statements, and records of your job performance. This documentation can be crucial in strengthening your case.

Pursuing Mediation or Legal Action: Depending on your situation, an employment lawyer may recommend mediation or legal action to seek compensation for lost wages, damages, or reinstatement.

Wrongful termination is a serious matter in Ontario, but employees have legal protections in place. Consulting with an employment lawyer is essential if you suspect you have been wrongfully terminated. Their expertise can guide you through the process and help you achieve the justice you deserve. Your rights as an employee in Ontario are worth defending.

Book a free consultation with us by filling out the form on our Contact Us page or call (905) 595-2225 today.

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