If you have been fired from your job, you are likley entitled to a notice period and/or severance pay. However, if you have been fired for “cause” you are not entitled to notice or severance pay. If you have been denied notice or severance, or disagree that you were fired “with cause,” an employment lawyer can help you examine your options.
Here's what to do if you believe you were wrongfully fired in Ontario.
What is Cause (And What Isn’t)
An employee can be fired without notice and severance if there is cause (also known as just cause). Some examples of what constitutes cause are:
- An illegal act, such as theft from the employer or fraud
• Misrepresentation of qualifications, such as lying on your resume
• Irrational refusal to perform work (though you are legally protected to refuse unsafe work)
• Constantly being late for work or not showing up for work
Legally, cause has a high standard of proof. For example, you cannot be fired with cause if:
- You’ve made a minor mistake
• Your employer does not like you
• Your work is not good enough but your employer has not tried to address the problem
Talk to an employment lawyer as soon as possible
Wrongful dismissal cases can involve a lot of money and may include multiple options for settlement, such as a return to work, severance payment or a wrongful dismissal finding with punitive damages. Your employment lawyer can help guide you through the wrongful dismissal process, including a review of your employment contract, Record of Employment and potential wrongful dismissal trial.
If you have been fired, you may be able to make a claim for wrongful dismissal if you were:
• not given notice or severance or;
• not given proper notice or severance or;
• fired with cause
The sooner you speak with an employment lawyer, the sooner you will receive the money you’re entitled to.
The Chown Cairns labour and employment law practice group are committed to finding solutions for employees in employment related disputes. Book a consultation with a Niagara employment lawyer by clicking here.