Am I entitled to notice?
What Amount of notice am I entitled to?
The best way to think about your entitlements to notice at dismissal is as a general approximation that should be tailored to your specific situation. The dismissalhelp.ca team are highly experienced with this type of submission. Courts will look at the employees age, employment position, years of employment, availability of alternate employment and take into consideration the employee’s education and training. This by no means is an exhaustive list of the factors that may be influential in calculating notice for your dismissal however. Dismissal law case history contains hundreds of factors that have been relied upon to calculate just notice. The Supreme Court of Canada has even ruled that notice will be determined by the facts of each individual case. Notice can be calculated by such a vast array of factors which directly change your entitlements at dismissal that a absolutely free Case Review is recommended.
The difference between Employment Standard and Wrongful Dismissal.
The Employment Standards Act requires your employer to provide you with minimum payments at dismissal based on your duration of service. Please be aware you are not required to sign anything at dismissal in order to receive these payments. Employers and Human Resources professionals routinely abuse their position of trust and knowledge with the dismissed employee and attempt to secure rights and guarantees against further litigation in exchange for providing these payouts through the signature of a waiver. A dismissed employee should never waive any legal rights they have in exchange for receiving their minimum legal entitlements. If you believe you have been subject to a misleading dismissal of the kind noted above, contact us immediately.
Wrongful dismissal is a different and more complete legal response for dismissed workers. Wrongful dismissal asserts that you were fired without cause and based upon this are entitled to compensation calculated based upon a full array of factors. These factors are discussed in further detail in the FAQ section: What Amount of Notice Am I Entitled To. Dismissed employees will always receive a radically more lucrative settlement when they pursue wrongful dismissal.
Should I Sign a Release?
Never sign a release provided by your employer without receiving a free opinion from dismissalhelp.ca. Legal language is notoriously difficult to understand and complex. When an employee signs a release they need to be entirely informed on both what they are receiving and what legal rights, entitlements or freedoms they may be giving up. The full implications of what was agreed to in a Release are often not understood by the employee. Further, most dismissed employees are not the right frame of mind to make the best decisions during their termination.
Termination for Cause
Are you absolutely sure your employer had cause to terminate you? Simply dismissing you from your job with a letter saying so isn’t sufficient for an Ontario Court of Law. If your employer has dismissed you for a false or fabricated cause solely to remove you from your position, Courts may find you are eligible for damage awards. It’s important to recognize that your employer does not have a monopoly on the facts of your dismissal.
Whether appropriate cause exists to dismiss you or not at law is a legal issue. In these situations, be absolutely sure that your interests, compensation, and reputation are protected by getting a free case review from dismissalhelp.ca.
Should I File an Employment Standards Claim?
You may remove your ability to legally pursue your former employer in Court for the full damages you are entitled to if you file an Employment Standards Claim. Due to this, we recommend you obtain free advice from the dismissalhelp.ca team before contacting or speaking with any representative from the Ministry of Labour.
Do I have a Case?
dismissalhelp.ca was founded by Brian C. Smith because far too many dismissed workers in Ontario were deciding they didn’t have a valid legal case when in fact they did. Dismissed workers have for far too long allowed their employers, human resources teams and legal counsel to confuse, pressure and demoralize them into accepting unfair settlements at dismissal. Every legal matter is as unique as the situation and the parties involved so we would love an opportunity to provide you with a free case review and legal opinion.