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You may have heard about the expression u201cwrongful dismissal,u201d but you probably donu2019t have enough information about it. As the name shows, wrongful dismissal is referred to when someone loses his/her job unfairly. There are many cases in which an employer decides to dismiss an employee with no respect to his/her rights. When it comes to terminating an employment agreement, the employer is responsible for considering all the rules and regulations in this regard. Although many employers try their best to stay committed to the rules, we still encounter numerous instances of wrongful dismissal in T
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What to Do in Case of a Wrongful Dismissal? December 1, 2021 by Admin You may have heard about the expression “wrongful dismissal,” but you probably don’t have enough information about it. As the name shows, wrongful dismissal is referred to when someone loses his/her job unfairly. There are many cases in which an employer decides to dismiss an employee with no respect to his/her rights. When it comes to terminating an employment agreement, the employer is responsible for considering all the rules and regulations in this regard. Although many employers try their best to stay committed to the rules, we still encounter numerous instances of wrongful dismissal in Toronto, Ontario. If you are one of those facing such a situation, Paralegal Toronto is here to help. Our experienced paralegals will find the best solutions for your legal case and defend your rights most professionally. What Does Wrongful Dismissal Mean? The answer to such a question is not straightforward, and it differs in various situations. However, in simple words, termination of an employment contract falls between tow various types, one with a cause and the other without a cause. There won’t be any specific problem when the employer fires an employee with
a justified reason. For example, an employee may fail to do his duties properly, and in such a case, the employer can dismiss him rightfully. On the contrary, an employee may be fired with no reason that justifies his dismissal. This is when we call the dismissal wrongful, and the employee can claim compensation. As a result, this is the cause of breach of contract that determines whether the dismissal was wrongful or not. What Should You Do After You Are Dismissed Wrongfully? When you are terminating an employment contract as an employee, you should take some points into account to get everything that is owed to you. When you are suspicious that your employee has dismissed you wrongfully, you should consult with one of our paralegals since you may have to file a claim in Small Claims Court or higher courts of Ontario. Besides, you should: Avoid signing any letters or severance offers Collect any document that is related to your employment contract Try to write down what has happened and ask your witnesses to sign Contact a knowledgeable paralegal to receive consultations You may be offered a termination package by your employer. In this case, the package must be enough to compensate for the damages you have bearded. To find out whether the severance package is suitable, consulting a paralegal will be helpful. Common Misconceptions about Wrongful Dismissal Many people may mistakenly think that any kind of employment termination contract is considered a wrongful dismissal. However, your employee can fire you if he/she has an acceptable reason. For example, if you were asked to do a specific duty but you haven’t, your employee is right to dismiss you along with claiming the compensations for the damages. So, dismissal may be wrongful or not, and you would better ask a legal expert to come across the proper answer.
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