Have you been fired or suspended from your job?
Despite what an employer might allege, most firings do NOT meet the threshold to justify “for cause” termination, even if you are alleged to have committed misconduct. In other instances, an unjust suspension of your employment may constitute a breach of your employment relationship.
When an employer decides to terminate an employment relationship, they must give proper notice of the impending termination, or payment in lieu of that notice period. While a “for cause” termination will allow them to forgo these steps, what the Courts consider to be “for cause” is a very high burden for your employer to meet. Often, these terminations will require an extremely serious case of misconduct or well documented pattern of progressive discipline.
Our firm is often contacted by individuals who have been terminated by their employer “for cause”, only to discover that their firing would not meet that standard. When that happens, an employee is entitled to severance and termination pay, depending on the circumstances. We pursue those entitlements against your employer through the Small Claims Court (up to $35,000.00).
While the Employment Standards Act sets out the minimum statutory entitlements that one can expect to receive upon being terminated, it is often the case that an employee is entitled to much more at common-law.
Additionally, if an employer acted unfairly or maliciously in the termination process, they may be required to pay punitive damages.
Contact our Employment Law Paralegals to discuss whether you should have been compensated upon termination from your employment. Our consultations are FREE, and non-judgmental.
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