At Blackburn Lawyers – our Richmond Hill employment lawyers have been helping residents in the Greater Toronto Area with employment law matters since the firm’s inception. During this time we have seen many different types of employment terminations occur – and have been able to advise our clients accordingly based on their unique circumstances.
In Ontario, the Employment Standards Act (ESA) is an Act of the Legislative Assembly of Ontario and provides guidance and regulation on certain employment matters such as wages, maximum work hours, overtime, vacation, leaves of absence as well as employment termination. The ESA also oversees the minimum requirements for termination and severance pay.
If you believe you have been terminated unjustly or without sufficient notice, then we recommend you contact an employment lawyer as soon as possible. If you live in the Greater Richmond Hill area, a Richmond Hill employment lawyer will review the details surrounding your termination and advise you on some of the following matters below. Please note this is not an exhaustive list:
- Compliance with ESA: Review whether you were given the minimum requirements for termination and severance pay in accordance with the ESA. If severance pay has been offered – we recommend you do not sign anything until you have had an employment lawyer discuss and review your severance pay with you.
- Wrongful Dismissal vs Just Cause: Review whether the termination was just cause or wrongful dismissal. In Ontario, if an employer can prove just cause for dismissal, they may be allowed to cease your employment without additional legal obligations. If not, they are required to pay you in lieu of notice. This is another item your employment lawyer can review and discuss with you.
- Reasonable Notice for Termination: An employment lawyer will also review whether you were given reasonable notice according to Section 63 of the ESA which lists the minimum requirements with respect to notice for terminated employees. In most situations a valid employment contract is required and in situations where an employment contract is non-existent then common law may apply.
- Pay in Lieu of Notice: The most contentious and disputed matter is the amount of notice or pay in lieu of notice that an employment may be entitled to. In situations like this, there are may different factors that can be considered such as age, salary, tenure with employer as well as entitlement to all non-discretionary payments that the employee may have earned during the tenure of their employment. Having an employment lawyer review these details can make the difference in the payout amount.
There are several other matters an employment lawyer can assist on if you feel you have been wrongfully or unjustly terminated. Contact our law firm today and request to book a consultation with one of our Richmond Hill employment lawyers. Remember – it’s very important to note that you should not sign anything until you have had a chance to speak with a lawyer. Contact our law firm today and schedule a consultation with one of our employment lawyers by calling 905-884-9242 now.
* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.
