Helping employees who have been dismissed from work.
If you are an employee who has been dismissed or fired from your job, Lo Greco Stilman LLP employment lawyers are here to help. We can provide advice and guidance on the different types of dismissal, including wrongful, unjust and constructive dismissals, to ensure that you are aware of the rights and remedies that may be available in relation to your termination. Our lawyers can also negotiate the terms of your dismissal with your employer, and represent you in the event that litigation is required.
Wrongful dismissal occurs when employees are dismissed in a way that is contrary to their contract or a Canadian employment law, such as the Employment Standards Act, 2000 (ESA) or the Canada Labour Code (CLC). Canadian employment law requires a fairly high standard to dismiss an employee for just cause, without any notice. Employees may sue their employers for the failure to provide any or sufficient notice or pay in lieu of notice.
Certain employees who are employed by federally regulated employers such as banks, airlines, shipping and telecommunications companies may be entitled to file an unjust dismissal complaint with the Employment and Social Development Canada (ESDC) Labour Program under the CLC. There is a 90-day limitation period to file an unjust dismissal complaint.
A constructive dismissal occurs when an employee has not been dismissed, but a fundamental term of their employment has been changed significantly by their employer. The change may relate to, among other things, compensation, title, the employee’s position, or the employee’s duties. Abusive behavior by an employer may also give rise to a constructive dismissal. Remedies for constructive dismissal are similar to those found in a wrongful dismissal suit.