Ontario Wrongful Termination Lawyers
The lawyers of Cohen, Sabsay LLP represent employees and employers in wrongful dismissal litigation and other employment disputes.
Employers who wish to dismiss a nonunion employee must give the person proper notice and pay a fair amount in severance. If the employer can establish that the employee participated in certain types of misconduct, the company is absolved of these obligations.
Wrongful dismissal claims typically arise when employees believe their employers:
- Did not give adequate notice: in most cases this refers to the amount of time the employer will continue to pay the person's salary (or the amount of a lump sum payment) after the employee is notified of termination, rather than the time between the date notice of intent to terminate employment is given and the date on which the employee no longer comes to work
- Did not pay an adequate amount in severance: including failure to consider forms of compensation other than wages or salary, such as earned commissions, bonuses, pensions and stock options
- Made unjust allegations of employee misconduct: including false claims that the employee was wilfully disobedient, habitually late or absent, dishonest, intoxicated at work, insolent or insubordinate; that the employee sexually harassed others or had a conflict of interest
The judge considers many factors when determining the appropriate amount of compensation the employee should receive in a wrongful dismissal claim. These include the type of work the employee performed, the employee's age, the length of employment and the availability of comparable employment.
When an employee is wrongfully dismissed, he or she may seek compensation for mental distress if the employer terminated the employee in a manner that was embarrassing or humiliating.
Toronto Employment Law Lawyers: Constructive Dismissal
When an employer changes an employee's working conditions so drastically that the very nature of the employment is fundamentally changed, he or she has breached the real or implied contract with the employee, and the employee may file a claim for compensation based on constructive dismissal. A significant change in the employee's duties, status, geographical location or compensation may all be grounds for a constructive dismissal claim. If sexual harassment, harassment or discrimination makes a workplace intolerable, the employee may also file a constructive dismissal claim.
Federally Regulated Businesses and Industries
The lawyers of Cohen, Sabsay LLP represent employees of federally regulated businesses and industries in employment disputes. Such employees can take advantage of the remedies available in the Canada Labour Code as well as the common law. Such industries include banking, transportation, communications and many others.
To discuss your issue with an experienced employment lawyer, please contact Cohen, Sabsay LLP.
