Finding a job is never an easy task. Being terminated is a difficult experience. There are so many uncertainties that come with it. It can be very stressful and overwhelming to deal with it. When facing termination, you need to reach out to an employment lawyer. You need an experienced lawyer like Stacey R. Ball by your side. Losing a job is an overwhelming experience, but having an experienced lawyer can make this process much easier. They will fight for your right and help you to get justice. Following are the different types of cases that they deal with.
Just Cause for Dismissal
When fired for “just cause”, the situation is serious. Being terminated for “just cause” means that the employer has a logical reason to do it. The employers need to provide you with some proof of misconduct. It is considered a big deal because when the employee is fired for a legitimate reason they don’t receive any termination or severance pay. Theft, fraud and violence are some common examples of misconduct. However, if you don’t agree with the reason provided by the employer and feel that it is unfair, you need to reach out to a lawyer. They will guide you through your fight.
The remedy of Unjust Dismissal is available when you are a federally regulated and non-unionized employee who has faced improper termination. Canada Labour Code has this remedy in place to protect the employees from arbitrary dismissal. To dismiss you from the job, the employer must have a valid reason or your job function should be discontinued. This remedy is not available in all types of dismissal. If you think that you have been dismissed without a proper reason, reach out to Stacey R. Ball as soon as possible.
Employment agreements often include termination clauses. Enforcing this clause means that the reasonable notice you will receive on termination is limited. While signing the agreement, employees usually take the termination clause at its face value. If terminated, the situation can turn around drastically. When the termination clause is not enforceable, the notice period is calculated as per the law. This period usually longer than what is stated in the agreement. Signing a new contract or needing advice on the enforceability of the termination clause, having a lawyer by your side will help to make the situation easier.
When being terminated, the employer has to provide you with the reason for the same. Apart from that, they also have to give you an appropriate period of notice or pay in lieu of notice. Meaning, you could be given four weeks of notice or 4 weeks of pay in lieu of notice. In the latter, you don’t have to come to work for 4 weeks but would be paid for it. The amount is dependent on various factors and will also impact the severance you might receive. As per the Employment Standards Act, all employees are entitled to the minimum notice period. Often employers try to limit the amount of notice or you could be receiving a higher amount. Contact a lawyer before you sign any agreement.