In Ontario, you are NOT REQUIRED to show that the termination caused you financial harm or that you were dismissed without notice. Once you've filed your claim, the employer must show that either 1) you were given enough working notice or a payment in lieu of notice; or 2) you were terminated for cause due to wilful misconduct during the employment.
How Do You Prove Wrongful Dismissal?
Can I Sue for Wrongful Dismissal if My Boss Lied to Me About Why I Was Fired?
There is a common misconception that companies MUST give the employees the specific reasons for termination. An employer is not obliged to give a reason for the termination if an employee has received sufficient working notice or payment in lieu of notice. As a result, even if the employer misinformed the employee about the reason for the termination, there is NO wrongful dismissal claim, assuming sufficient notice or payment in lieu has been given. However, if the employer's justification for the termination was just an excuse, and the dismissal was actually a reprisal against the employee's efforts to enforce his or her employment law rights, then there is a case of wrongful termination.
Can I Claim Wrongful Dismissal during Probation?
Another common misunderstanding is that a claim of wrongful dismissal CANNOT be filed while on probation. An employee can be fired WITHOUT NOTICE only if the employer made a good faith determination that the employee was unsuitable for permanent employment, that the employee was given a fair and reasonable opportunity to demonstrate his or her suitability, and that the "non-suitability" was not just an excuse to be "cheap" and "save some COST." See Bhasin v Hrynew, 2014 SCC 71. If the employment contract is silent on termination without cause, or if the termination clause in the employment contract is deemed invalid for violating the Employment Standards Act (ESA), the penalty for a bad faith termination during probation is that the probational term is voided, and the employee is entitled to common law reasonable notice.
Termination Without Cause vs. Termination for Cause vs. Constructive Dismissal
Approaching a case of termination without cause is different from how we'll approach a case of termination for cause. There are many reasons behind termination without cause, and it can be hard to apprehend why you've been let go when you haven't done anything wrong. If you've been a victim of termination without cause, it's highly possible that your former employer violated some of the employment laws regarding letting an employee go. If you're dealing with termination for cause, it's also possible that your employer didn't actually have the right to fire you in the context of employment law. This type of termination occurs when the employer claims that the employee committed wilful misconduct, or committed an act that was against company policy to the point of frustration of contract. Things like stealing from the company or committing other illegal acts at the workplace can all be reasons for termination with cause. If you've been fired with cause, you may still have a case for wrongful termination.
Wrongful Termination Examples
Wrongful Dismissal has been found in cases where an employee was retaliated against by Employer for 1) Filing A Sexual Harassment, Discrimination or Office Harassment Claim; 2) Breaking up in An Affair, Filing for a Separation or Divorce in a family law related dispute; 3) Filing An Occupational Health And Safety Claim.
1. Wrongful Termination In Retaliation of a Sexual Harassment, Discrimination and/or an Office Harassment Claim Sexual harassment is so widespread and pervasive in certain workplace cultures that it creates a toxic workplace. Harassment & Discrimination should never be tolerated. If you think you were dismissed in retaliation for complaining about it, you may be entitled to bring a wrongful termination case for monetary damages as well as emotional pain and suffering. 2. Wrongful Termination After a Breakup in an Affair, Separation or Divorce Some employers or managers in a position of influence don’t take a Breakup in an Affair, Separation, or Divorce kindly. In some situations, the employee received an unexpectedly poor evaluation or work performance report shortly after the split, separation, or divorce. In other instances, the individual was micromanaged and was singled out for minor faults and blunders, eventually being fired.
If your employer retaliated against you as an employee, you have every right to file a claim for wrongful termination seeking compensation. Choosing where to sue for Wrongful Dismissal is always a source of great frustration.
It is critical that you hire a wrongful dismissal lawyer in Toronto or an wrongful dismissal lawyer near me to help you get through this difficult time as smoothly as possible. There are numerous legal forums to choose from when looking for where to sue for wrongful dismissal.