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Wrongful Dismissal

Employment Lawyer
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Wrongful Dismissal

Employment Lawyer
CONTACT US

FILIPINO EMPLOYMENT LAWYER: 4-STEP GUIDE FOR WRONGFUL DISMISSAL


A Filipino Civil Litigation or Employment lawyer will be able to guide you through the ordeal you would have to face when you have been wrongfully dismissed.


It is necessary to note that employers and workers in Ontario usually have the right, for every legal reason, to terminate an employment contract. Nevertheless, if they want to terminate you from your job, there are certain obligations that your employer has to fulfill. In order to find a new job, an employer typically needs to pay you out for a decent period of time, and certain workers are entitled to reinstatement in exceptional circumstances. You first need to find out whether you have been fired with or without reason to decide what those duties are in your case.


A wrongful dismissal occurs when an employer either:


  1. terminates an employee without cause and fails to provide the employee with adequate dismissal notice; or

  2. terminates an employee for a cause in situations where the employer did not have just cause to dismiss the employee without providing any dismissal notice.

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In Ontario, an employer may fire you for almost any business reason. The power to fire an employee without cause, however, comes with an obligation to give proper notice or compensation to the employee rather than just notice. Termination without reason is wrongful if the employee is not paid the severance pay to which he or she is entitled.


If an employee in Ontario is dismissed for a reason, they are not entitled to any severance pay. The threshold for showing cause, however, is very high: typically, it takes not only employee misconduct but serious employee misconduct to prove cause. Constructive dismissal is when a profound and unilateral adjustment to your working conditions that amount to termination is made by your employer.

Wrongful-dismissal-employment-lawyer-aj-law-llp-thumbnail

In Ontario, an employer may fire you for almost any business reason. The power to fire an employee without cause, however, comes with an obligation to give proper notice or compensation to the employee rather than just notice. Termination without reason is wrongful if the employee is not paid the severance pay to which he or she is entitled.


If an employee in Ontario is dismissed for a reason, they are not entitled to any severance pay. The threshold for showing cause, however, is very high: typically, it takes not only employee misconduct but serious employee misconduct to prove cause. Constructive dismissal is when a profound and unilateral adjustment to your working conditions that amount to termination is made by your employer.

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Wrongful-dismissal-employment-lawyer-aj-law-llp-header-2

4 STEPS TO TAKE IF YOU HAVE BEEN WRONGFULLY DISMISSED:


  1. You should write down what occurred in as much detail as possible with the relevant dates and names.

  2. Gather documents, i.e., contract of employment, T4s, any correspondences you might have about issues at work, any performance feedback you have been given whether it is positive or otherwise, and other pertinent documents. In deciding what you might be entitled to, records, particularly employment contracts, are extremely significant.

  3. As soon as possible, seek the advice of an employment lawyer. Most termination agreements are starting offers, not final offers, which ensures that most workers are entitled to more benefits than their employers originally provide when terminated. The more educated you are the better prepared you are to enforce your rights and get compensation.

  4. Most obviously, as soon as possible, you can seek the advice of an employment lawyer. Most termination agreements are starting offers, not final offers, which ensures that most workers are entitled to more benefits than their employers originally provide when terminated.


The more educated you are the better prepared you are to enforce your rights and get compensation, Our Filipino Employment Lawyer can help you resolve and deal with your legal matters concerning wrongful dismissal. Contact us at +1 (416) 409-5991 or via email [email protected] You can also visit us at 160 Eglinton Avenue East, Suite 406, Toronto, Ontario. We are open from 9am-5 pm every weekdays, and Saturdays by appointment.