Wrongful Dismissal Lawyer Brampton

Welcome to Chorney Sidhu Injury Lawyer, a trusted and compassionate law firm dedicated to providing exceptional legal support for wrongful dismissal cases in Brampton. We understand the challenges that arise when unfairly terminated from your job, and we are here to offer you expert guidance and representation to ensure your rights are upheld and justice is served.

What is Wrongful Dismissal?

Wrongful dismissal refers to the termination of an employee’s employment contract by their employer without proper justification or adherence to legal regulations. It occurs when an employer terminates an employee in breach of their employment agreement, labor laws, or human rights statutes. Wrongful dismissal can have severe consequences for individuals, including financial strain and emotional distress.

What Constitutes Wrongful Dismissal?

Several factors contribute to wrongful dismissal cases. They include:

Breach of Contract: If your employment contract is terminated without the employer adhering to its terms, it may be considered wrongful dismissal. This breach can pertain to a notice period, compensation, or other contractual obligations.
Discrimination and Harassment: If you were terminated due to discriminatory reasons, such as your age, gender, race, religion, or disability, it constitutes wrongful dismissal. The law prohibits such discrimination in employment decisions.
Retaliation: If you were fired in retaliation for asserting your legal rights or exposing illegal activities within the company, your dismissal could be wrongful. Protection against retaliation is a fundamental employee right.
Unjust Cause: Dismissal without valid cause or without following due process can be deemed wrongful. Employers must provide legitimate reasons for termination, such as poor performance or misconduct, and follow appropriate procedures.

Eligibility for Wrongful Dismissal in Ontario

In Ontario, Canada, employees who have been terminated without cause or who have been constructively dismissed may be eligible to file a wrongful dismissal claim.

However, there are some exceptions, such as employees who are terminated for cause or who have been employed for less than a certain period of time.

To be eligible to file a wrongful dismissal claim in Ontario, an employee must meet the following criteria:

They must have been employed in Ontario for at least three months.
They must have been terminated without cause or constructively dismissed.
They must not have been terminated for cause.
They must not have been terminated in violation of their employment contract.

Wrongful Dismissal for Cause

An employee can be terminated for cause if they have engaged in serious misconduct, such as theft, fraud, or violence. If an employee is terminated for cause, they are not eligible to file a wrongful dismissal claim.

Constructive Dismissal

Constructive dismissal occurs when an employer’s actions make it impossible for an employee to continue working. For example, if an employer reduces an employee’s salary or duties to the point where the employee is no longer able to earn a living, the employee may be able to claim constructive dismissal.

Wrongful Dismissal Remedies

If an employee is successful in their wrongful dismissal claim, they may be awarded one or more of the following remedies:

Compensation: Compensation is calculated based on the employee’s salary and length of service.
Reinstatement: The employee may be reinstated to their former position.
Re-employment: The employee may be offered a similar position with the same employer.
Specific Performance: The employer may be ordered to perform their contractual obligations to the employee.

How is the Notice Period Determined in a Dismissal?

The notice period, also known as the notice of termination, is the time an employer must provide to an employee before their employment ends. It is intended to give the employee sufficient time to find alternative employment. The length of the notice period is often outlined in the employment contract or determined by employment standards legislation. Factors that influence the notice period include the length of employment, position, age, and individual circumstances. In some cases, employers may offer pay in lieu of notice.

Remedies Available for Wrongful Dismissal:

If you have been wrongfully dismissed, you may be entitled to various remedies, including:

Compensation: You may be eligible to receive compensation for lost wages, benefits, and potential future earnings during the notice period.
Reinstatement: In certain situations, a court may order your reinstatement to your previous position.
Damages: If your dismissal resulted from egregious behaviour, you may be awarded additional damages.
Negotiation and Mediation: Before pursuing litigation, parties can engage in negotiation or mediation to reach a settlement outside of court.

Wrongful Dismissal vs. Constructive Dismissal

Wrongful dismissal and constructive dismissal are distinct concepts. Wrongful dismissal involves the employer directly terminating the employee without proper cause or notice. Constructive dismissal, on the other hand, occurs when the employer makes significant changes to the employment terms or conditions, effectively forcing the employee to resign. In constructive dismissal cases, the employee resigns due to a breach of contract by the employer.

FAQs about Wrongful Dismissal Lawyers Brampton

What qualifies as wrongful termination in Ontario?

Losing your job is tough, but it's even harder if it's wrongful termination. In Ontario, this can happen if you're fired based on discrimination or retaliation. If you think this happened to you, you can take legal action. Contact us to schedule an assessment of your situation.

Can I sue for wrongful termination in Ontario?

If you were unfairly fired in Ontario due to illegal reasons like discrimination or retaliation, you may have a case for wrongful dismissal. It's important to seek legal advice from an experienced employment lawyer like Chorney to help navigate the complex legal system. Remember, you have the right to be treated fairly at work and can take action to protect your rights and hold your employer accountable.

Is there a statute of limitations for wrongful dismissal claims in Ontario?

Ontario employees are protected by law for fair treatment and compensation. If you've been wrongfully dismissed, you can challenge it and seek compensation within two years from the date of termination. Seek legal advice from our team of lawyers immediately to avoid missing the deadline.

Can I be fired while on medical leave in Ontario?

Ontario law protects employees on medical leave from being fired solely for that reason. However, if there is a legitimate reason, like downsizing, an employer can terminate an employee. If you believe you've been wrongfully terminated, contact us to schedule a confidential assessment.

How do I file a wrongful termination lawsuit in Ontario?

If you've been wrongfully terminated by your employer in Ontario, you can take legal action. Consult with an experienced employment lawyer like Chorney to evaluate your case and gather evidence. We will guide you through the process of filing a lawsuit to seek damages for lost wages and emotional distress. Remember, the process can be complex, but with the right legal representation, like Chorney, you can protect your rights and pursue justice.

How long does it take to resolve a wrongful dismissal case in Ontario?

Wrongful termination cases in Ontario can take months to years to resolve. It's important to seek experienced legal counsel to navigate the process and resolve the case as early as possible to minimize costs and stress. Call us today to schedule a confidential assessment.

Can an at-will employee file a wrongful dismissal claim in Ontario?

In Ontario, most employees are considered to be "at-will," which means they can be terminated at any time and for any reason that is not discriminatory or in violation of their employment contract. If an employee is unjustly let go, they can file a wrongful dismissal claim and potentially seek compensation through the court system. If this has happened to you, please contact us today to determine if you have a case.

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Once I met with Savannah and her team I knew that she was the lawyer I wanted. I had confidence in Savannah and Melissa. I liked the way that she finished my case really well. Savannah and Melissa are good and kind lawyers. I was very comfortable with the staff, they understood me and helped me by answering my questions. All the staff were great and even with a language barrier they explained everything to me. I would definitely recommend Chorney Sidhu to all my friends and family.

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I had a slip and fall accident and a relative referred me to Savannah Chorney. I liked Savannah Chorney, Melissa Sidhu and their firm and team, the way they worked on my file. They really looked after me and I would like to thank Savannah and Melissa for all they did for me. They are very helpful, professional and whenever I talked to someone from their firm they were polite and went out of their way to help me. I would definitely recommend them to any family or friends that needed a lawyer.

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How Can Our Brampton Wrongful Dismissal Lawyers Help?

At Chorney Sidhu Injury Lawyer, we are committed to safeguarding your rights and advocating for justice in wrongful dismissal cases. Our experienced legal team understands the complexities of employment law and is ready to guide you through every step of the process. If you believe you have been wrongfully dismissed in Brampton, don’t hesitate to take action. Contact us today for a confidential consultation, and let us help you reclaim your dignity, financial stability, and professional future. Your rights matter, and we are here to stand with you every step of the way.

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Chorney Sidhu Injury Lawyers
2 Automatic Road, Unit 105
Brampton ON L6S 6K8

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Wrongful Dismissal Lawyer Brampton

What is Wrongful Dismissal?

What Constitutes Wrongful Dismissal?