You rely on your job to maintain your livelihood and lifestyle so being dismissed from it can have a big impact on your life. In most cases, the employers will give you reasonable notice to find another job or make alternative arrangements. They’ll also provide some incentive and explanations as to why you were let go. In such cases, the employer is exercising their right to dismiss their employees within the legal boundaries and you just have to accept the decision. However, in some cases, the dismissal can be illegal and you have the right to take action against it.
What is wrongful dismissal?
Contrary to popular belief, employers can dismiss employees without reason. They own their business and they have exclusive right to make decisions they deem necessary. Even model employees with an excellent performance record and great skills can be dismissed without reason.
The case is considered to be a wrongful dismissal if the employer dismisses the employee without reasonable warning or notice of dismissal. The notice of dismissal gives employees time and financial stability while they look for another job or make other arrangements. This notice should include a reasonable amount of time so the employer can just inform you two to five days in advance and then let you handle things on your own.
The employer needs to provide you with notice even if they have a cause for dismissal. For example, if an employee takes any action that’s against the ethics of the company, the company has the right to dismiss them as long as they provide reasonable notice to employee. This applies to the employee as well. An employee can leave a job and find another job without providing any reason as long as they provide enough notice to the company.
Reasons for dismissal
The reason for dismissal must be lawful so if the employee is dismissed based on discrimination, that’s a violation of Human Rights Code. If the employee is dismissed because they attempted to enforce laws or rights provided by Employments Standards Act or Occupational Health and Safety Act, the dismissal is illegal and employees have the right to seek legal recourse in such cases. The rules for unionized employees are also a little different because they can only be dismissed if the employer has just cause or if there’s no work available.
Why do you need employment lawyers?
These cases can be pretty ambiguous because it’s not easy to gauge the employer’s motives behind the dismissal. Even if the motives are clear, you need to determine whether you can legally protest against the dismissal. That’s why you need assistance from employment lawyers. Experienced professionals are aware of the laws that influence and control employee-employer relationships and can determine whether the dismissal was legal or not.
They will also know how to build a case, extract evidence, and point out any inconsistencies in the employer’s explanations. They’ll showcase why the dismissal was illegal and determine what kind of compensation you deserve for the trouble and pain you had to endure as a result. For unfair dismissal, you can seek legal advice from an employment lawyer.
They will also look at the case from an unbiased perspective and explain to you why a dismissal was justified if it was indeed legal. If you hire an honest and experienced lawyer, you can expect them to provide the most straightforward advice.
If you want to know more about legal options in case you are dismissed on unfair grounds, don’t hesitate to contact a law firm.