For some people, the firing can be an unjust or wrongful dismissal.
If you have been laid off without cause, you may be one of these people and there is help available.
Learn about the difference between wrongful and unjust dismissal and whether you may be entitled to severance pay.
What Is Wrongful Dismissal?
Wrongful dismissal is dismissal without cause and without compensation. There are generally two types of wrongful dismissal claims: termination without cause and termination for cause.
Termination without cause is when the employer dismisses the employee without adequate cause and refuses to compensate the person. Termination for cause is when the employer inappropriately dismisses the employee for cause and does not compensate them..
Proving Wrongful Dismissal
Under the law, you do not have to prove that your dismissal resulted in financial difficulties or that you received a dismissal without notice. After filing your claim, it is up to the employer to prove that you were either given enough notice or payment in lieu of notice or that you received a termination because of misconduct during employment.
What Is Unjust Dismissal?
Unjust dismissal is the dismissal without cause of an employee whose employment is under federal regulation.
The employee must also have worked at that job for 12 consecutive months and must not be a manager. They must also not have been fired because of lack of work or discontinuance of a function.
To begin the unjust dismissal process, you can request a statement in writing of the reason for the dismissal. The employer must respond within 15 days and you must file the claim within 90 days of your dismissal.
Once you have the statement, you can file the claim with the help of your lawyer.
Do You Need to Hire an Employment Lawyer?
Although you can file these claims yourself, it is always better to hire someone well-versed in Canadian law.
Firstly, a lawyer will assess all of the facts of the dismissal to help you ascertain whether you can file these claims or not.
Employment contracts and the Canadian Labour Code are complex. You need someone who understands the terminology well enough to represent you through the proceeding.
In some instances, you only have 90 days to file the claim so you want someone experienced enough to expedite the process.
Get the Help You Need Today
If you think you have grounds for wrongful dismissal or unjust dismissal claims, you need to get experts on your side.