Wrongful Termination: Understanding Your Rights
Wrongful termination occurs when an employee is dismissed without just cause and without appropriate notice or severance pay as required by law. This includes both actual dismissal and constructive dismissal, where the employee is forced to resign due to significant changes in employment terms.
Types of Wrongful Termination
- Unlawful Dismissal: Termination without reasonable notice or pay in lieu
- Constructive Dismissal: Employer changes terms or conditions so significantly that the employee must resign
- Termination in Violation of Human Rights: Dismissal based on discrimination or retaliation
Common Issues in Wrongful Termination Cases
- Lack of proper termination notice or severance
- Termination without cause but no severance offered
- Discriminatory or retaliatory dismissal
- Breach of employment contract terms
- Employer failing to accommodate disabilities or protected grounds
Legal Importance of Timely Action
Employees must act promptly to protect their rights. Ontario’s Employment Standards Act and common law set strict time limits for wrongful dismissal claims. Early legal advice is critical to preserve evidence and maximize compensation.
How Legal Support Can Help
Hamilton Employment Lawyers evaluate wrongful termination claims, negotiate settlements, and represent clients in mediation, arbitration, or court proceedings. Legal guidance can secure appropriate compensation and help protect future employment opportunities.
