Know Your Rights: A Filipino Lawyer Provides a Quick Rundown on Your Options Involving Employment Law
When your employer decides to “lay you off” temporarily, indefinitely or otherwise, of course, it is but natural to feel overwhelmed. The sheer thought of losing your livelihood would most definitely cause your mind to go overdrive. However, here are some pieces of information that your Filipino Lawyer in Toronto believes could help you make wise choices when that dreaded HR call arrives:
There are Three Types of Termination
1. Termination without Cause:
Here in Canada, by law, an employer is allowed to terminate its employee provided that prior written notice is given. This is referred to “reasonable notice or payment in lieu thereof”. Sometimes, the said payment is called “severance pay”.
One must be aware that the reason for the termination must never be connected to sex, age, disability or reprisal (retaliation for making a complaint based on working conditions and environment). These are protected grounds found in the Ontario Human Rights Code.
When an employer refuses to provide reasonable notice or payment in lieu thereof, an employee can sue the employer for “wrongful dismissal”.
Depending on the provisions indicated in your Employment Contract, there are entitlements that you could claim against your employer upon your termination. However, the entitlements as specified under your contract may not be below those provided by the law concerning employment standards. AJ Law LLP’s Filipino Lawyer in Toronto is of service to assist you into assessing whether your employment contract or your employer’s company policies may affect your termination entitlements.
2. Termination for Cause:
Severe or serious misconduct, habitual neglect of duty, incompetence prejudicial to the employer’s business, or any other most serious form of misconduct can be considered as “cause” to terminate an employee. The notice requirement and payment in lieu thereof is not required in this scenario.
Employees can always contest what his or her employer is asserting with regards to the cause of dismissal. Cause can sometimes be vague, challenging and hard to prove. Should the dismissed employee be successful in proving that the dismissal was made without due cause, the employer will have to pay the salary/ remunerations that the employee should have received had he or she not been terminated without cause. Damages may also be claimed for psychological distress depending on the finding of the court. Your Filipino Lawyer will help you determine factors that could affect your entitlements.
3. Constructive Dismissal:
When your employer puts you in a situation where you can no longer efficiently or comfortably work, or your employment condition was substantially changed without actually dismissing you, constructive dismissal occurs.
Constructive dismissal includes but is not limited to the following situations:
- Intolerable conditions at work
- Alteration of the compensation structure or reduction in remuneration
- Adverse or material change to your duties and position
- Location change
- Probation or disciplinary measure which are not justified
- Toxic working environment
It is very important to know your obligation when you are claiming that you were “constructively dismissed” from work. Most significant is your responsibility to seek for the mitigation of damages. Your “duty to mitigate” involves the need to show that you have diligently continued to work or sought alternate and/or comparable employment.
AJ Law LLP’s Filipino Lawyer can sit down with you to determine your rights and develop a strategy regarding the specific situation you are in. You can contact your Filipino Lawyer through email at [email protected] or call +1 416 409-5991.