Do you feel that you’ve been wrongfully terminated, but you aren’t sure what options you have?
This is your guide to wrongful termination in Ontario.
What is Wrongful Termination?
Wrongful termination in Ontario occurs when an employer fires an employee in violation of The Employment Standards Act (ESA) or in breach of their employment contract.
Examples of Wrongful Termination
To pursue legal action against your previous employer you must determine your claim for wrongful termination. Some examples of wrongful termination include:
- Discriminations
- Retaliation
- Breach of contract:
- Violation of the ESA
Understand Your Employment Contract
If you believe that you have been wrongfully terminated in Ontario, the first thing you should do is review your employment contract paying specific attention to the sections that refer to termination or dismissal. A lawyer who is experienced in employment law can help you understand your rights as they are laid out in your contract and the ESA.
Keep Detailed Documentation
Any documentation you have related to your wrongful termination will help your lawyer make a strong case against your employer. If you have dates, times, descriptions of conversations, accidents, or incidents that you believe are relevant you should provide these to your lawyer.
Consult an Employment Attorney
An employment lawyer who has experience with wrongful termination can evaluate your case and explain relevant laws. Your employment lawyer will be able to gather more evidence, conduct witness interviews, and obtain more relevant records to build a stronger wrongful termination case on your behalf.
Taking Action
Each case of wrongful termination is unique and requires a different approach. However, your lawyer will advise you of your rights and your best course of action to get fair compensation. These are the options available for compensation following wrongful termination in Ontario.
File A Complaint
Your lawyer can help you file a complaint with the appropriate body to receive proper compensation for your wrongful termination. Once you file a complaint you cannot simultaneously pursue civil litigation.
Ministry of Labour
You can file a complaint with the Ministry of Labour within two years of your termination date. If they determine your case constitutes probable wrongful termination they will assign an investigator to your case to help you reach a settlement or order your previous employer to pay severance.
Human Rights Tribunal of Ontario (HTRO)
If your termination is related to discrimination you may also file a complaint with the Human Rights Tribunal of Ontario against your employer within one year of the last incident of discrimination.
Negotiations and Settlements
Your lawyer may advise that a settlement is the best course of action for your case. They can represent you through the negotiation process to help you receive a fair settlement from your employer. They will also ensure that you fully understand the implications of the agreement before you sign.
Court Proceedings
If you are unable to come to an agreement on a settlement, you can file a lawsuit against your previous employer for wrongful termination. Your lawyer will represent you through the entire process and ensure you are properly represented.
Wrongful termination is a stressful process that often leaves previous employees fearing retaliation or confused about their rights. Speaking with a lawyer experienced in wrongful termination will help you navigate this process and determine your best course of action to receive fair compensation. Contact Epstein & Associates today for your free consultation.
This blog is made available by the law firm publisher, Epstein & Associates, for educational purposes. It provides general information and a general understanding of the law but does not provide specific legal advice. Any specific questions about your legal concerns please contact us now and speak to an expert today.