Termination of your employment, with or without cause, can be highly unsettling.
Along with the financial upheaval and hardship that often flows from the loss of a job, an improper or wrongful termination of employment may result in serious personal disruption, uncertainty, anxiety and emotional distress.
Subject to certain statutory legal exceptions that are discussed below, Ontario employers generally do have the right to hire and fire employees as they see fit.
Most terminations of employment in Ontario occur “without cause.” That means the employer has ended the employment even though there are no grounds or justification at law entitling termination for cause. Where an employer wishes to terminate employment, and no just cause or grounds exist for doing so, an employer is required to give reasonable notice of termination to an employee.
That means the employer must notify the employee, reasonably in advance of the termination, or alternatively, where reasonable notice or working notice is not given, an employer is required to provide reasonable compensation to the terminated employee, in lieu of notice.
The compensation an employer is required to pay is based on the salary, benefits and bonuses the employee would have received during the period of reasonable notice that the employee ought to have received from the employer prior to termination. Where an employer fails to provide such compensation or seeks to provide inadequate compensation, an employee’s legal rights may be enforced by proceeding with a claim for compensation for wrongful dismissal.
Ontario employment law protects employees from wrongful dismissal and unjust dismissal by employers. Ontario’s courts and employment law tribunals seek to balance the difference in power between employer and employee by ensuring that employees’ basic rights are observed and that appropriate remedies and compensation are available to wrongfully dismissed employees.
Legal advice from a qualified Ontario employment lawyer is strongly recommended to assist in determining your rights and entitlements.
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© Garry J. Wise and Wise Law Office, Toronto, Ontario, Canada. This information may not be reproduced without consent in writing.
