Wrongful Dismissal
Lawyers – Toronto
At JPAK Employment Lawyers, our legal counsel team understands that a sudden or unexpected loss of employment is a stressful and emotional event, one that few people know how to manage on their own.
Unfortunately, wrongful dismissals are more common than most people realize, as it takes a clear understanding of the labour law criteria for wrongful termination to identify these situations when they occur.
For example, many individuals are not fully aware of their rights as an employee, so they don’t seek legal advice about starting a wrongful dismissal lawsuit, and never receive the compensation to which they were entitled.
Don’t fall victim to this kind of situation. Our law firm will make sure your rights are respected!
If you believe that you have been wrongfully dismissed, contact JPAK Employment Lawyers as soon as possible. We have extensive experience at negotiating and resolving wrongful dismissal claims, and we are always prepared to defend the rights of our clients, if necessary, by initiating wrongful termination legal proceedings.
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Over the years, we have successfully represented thousands of clients in achieving a fair resolution of their wrong dismissal cases, and we can do the same for you.
Wrongful Dismissal Claims
No matter how an employer chooses to justify a termination, they have to respect the rights of their employees as laid out under applicable legislation, the contract of employment, and the common law.
Employers have the right to terminate the employment of a non-union employee at any time on a without cause basis. Although there is no job protection, if the employer intends to terminate the employment relationship, it has a duty to provide the employee with adequate notice of the termination or pay in lieu, which is also commonly referred to as a “severance package”.
Most wrongful dismissal cases fall into one of two categories:
- The employer fails to provide reasonable notice or the appropriate payment in lieu; or
- The employer improperly asserts “just cause” for dismissal, based on false, arbitrary or exaggerated accusations of misconduct or poor performance.
Many employees may also have concerns about fairness and transparency related to a termination. For instance, if the employer acted in bad faith, or if there were discriminatory reasons for the termination, an employee may be entitled to additional compensation, as well as the wrongful dismissal damages.
Constructive Dismissal
A constructive dismissal occurs when the employer makes unilateral changes to fundamental terms and conditions of employment, causing the employee to involuntarily resign from their employment. Because the employer has not formally dismissed the employee, this type of situation differs from a wrongful dismissal case.
Not every change to the employment relationship will give rise to a constructive dismissal, as employers are entitled to make changes to an employment relationship for a variety of reasons. However, a constructive dismissal may be said to occur if the employee has been subjected to a toxic or hostile work environment. If an employee is sexually harassed, bullied or the victim of other forms of bad faith conduct such that it would be unbearable to continue working in that environment, it can be argued that they are being constructively dismissed.
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For a Wrongful Dismissal Lawyer, Toronto Trusts JPAK
The JPAK team of Toronto employment lawyers advocates fiercely for the best interests of our clients and vigorously defends their human rights, both in and out of court. We work diligently and forcefully to achieve a fair outcome for anyone who has had their employment rights violated by being wrongfully dismissed.
To meet our clients’ unique needs, we offer a variety of fee structures for our services as well as flexible appointment times and formats, including secure video conferencing.
During our consultation, your experienced employment lawyer will review your case, the pertinent employment law issues, your severance entitlements, and devise a cost-effective strategy with a view to maximizing your financial outcome.
