wrongful dismissal impact employee benefits packages
Wrongful dismissal is an employment law issue arising from the termination of workers without the employer giving them their legal entitlements in such a case. These entitlements include notice or pay in lieu, severance pay and other benefits.
Typically, an employee can only bring a wrongful dismissal claim if they have been terminated in violation of the Employment Standards Act or Canada Labour Code, which set minimums for certain employment issues. If you are concerned that your employer has not followed these guidelines, it may be time to consult a Toronto wrongful dismissal lawyer.
Many employment law cases focus on the length of reasonable notice or pay in lieu an employee is entitled to upon their termination, also known as severance pay. This is an important legal consideration because it gives workers the opportunity to find other work and softens the blow of sudden unemployment. The amount of notice an employee is entitled to depends on a number of factors, including length of service and age. Most employers are required to give their employees at least one month of notice or severance pay in most cases.
How does wrongful dismissal impact employee benefits packages?
In addition to severance pay, an employee may be entitled to other benefits such as health insurance, pension plan contributions and stock options, among others. When an employee brings a wrongful dismissal lawyer claim against their employer, they will often argue that these other benefits should be factored into their damages. This is because it is essentially part of their employment package.
Wrongful termination can be a complex issue that requires the assistance of an experienced Toronto wrongful dismissal lawyer. There are a variety of reasons why an employee may be fired, but it is important that the reason does not violate any applicable employment laws. For instance, an employer cannot fire someone for a discriminatory reason such as race, gender, religion or age. Discrimination is a serious offense and can result in significant liability for the employer.
Another common cause of wrongful termination is a breach or alleged breach of an employment contract. It is imperative that any alleged breach of an employment contract is examined by an experienced lawyer before accepting any offer from the employer.
Often, the employment lawyer will review all of an employee’s available options and determine the best course of action. This may include pursuing an adjudication through the Labour Relations Board or the Ontario Superior Court of Justice, depending on the circumstances. In some cases, a civil lawsuit may be the most suitable option for an employee seeking compensation for their wrongful dismissal.
Whether you are dealing with an employment dispute or considering starting your own business, it is important to consult an experienced employment lawyer for guidance and support. Contact Ball Professional Corporation to speak with an expert who can provide advice on your unique situation and help you protect your rights. We represent clients throughout the Greater Toronto area (Markham, Newmarket, Aurora, Richmond Hill, Vaughan, Woodbridge, Mississauga and more), across Ontario and internationally.
