Being terminated from the job happens to most people at some point in time in their lives. Without any doubt, this process of termination can be extremely stressful, frustrating, and anxiety-inducing. Wrongful Dismissal Lawyer Toronto can help determine whether your termination was legal or wrongful dismissal and help you fight for your rights. If you have been recently dismissed from your job and feel that it was wrongful dismissal. The following article would help you clear some doubts and bring some clarity about what wrongful dismissal is.
What is wrongful dismissal?
When the employer terminates the employee without having provided them with advanced notice of termination or severance pay in lieu of notice, it is determined as wrongful dismissal. When it comes to a severance package, other factors that impact the entitlement of the employee include the terms of the employment contract and the employer’s motivations in the termination.
According to law, when an employee has to be terminated without cause, the employer has to give a notice for termination ahead of time or payment in lieu of this notice. This payment is usually referred to as severance pay or termination pay. This severance package should include a lump-sum of money that can put the employee in a reasonable position that they would’ve been in if they had been given a working notice. The amount of severance entitled by the employee who has been dismissed is the minimum pay prescribed by the Employment Standards Act, 2000, along with common law severance pay.
If you have sued your employer for wrongful dismissal, then how can you find a new job?
After you have proven that your employer wrongfully dismissed you, it comes down to the employer to prove that some of the losses incurred by the employee were avoidable or avoided. The employee should take up the responsibility of finding a job which was equivalent to the previous one. To present the evidence for an active job search, you would have to document all the efforts you have put in to find a new job. This documentation could include keeping documents showing searches, interviews, and applications. If in case you are unable to do so, then a deduction might be applied towards the entitlement of the employee. However, if the employee does get a job offer and rejects it because it provides lower compensation. It is unlikely that the court would consider that the employee has failed to mitigate in such a case.
Is it possible to commence legal action against the employer for wrongful dismissal while still working?
Yes, it is possible to do so. The Supreme Court has affirmed that there are circumstances under which the employee could commence litigation against the employer for constructive dismissal and still not be deemed to have voluntarily resigned. Such circumstances arise when the employee has initiated legal action but has continued to work for the employer as a part of a protest against the wrongful dismissal.