4.9/5 | Your Life, RebuiltDisability & Employment Lawyers in Canada
Disability & Employment Lawyers in Canada
Wrongful Dismissal Lawyers
A wrongful dismissal is a crucial right that employees can claim when they are terminated without cause, adequate notice, or severance. Employers often get away with this unlawful behavior because employees simply aren't aware of their own legal entitlements. Don't let this be you.
Our Wrongful Dismissal Lawyers Can Support You
After being wrongfully terminated, you may feel unsure of what to do next. You don’t have to do this alone. Let Share Lawyers be there for you. When you call Share, you’ll speak with a wrongful dismissal lawyer who knows employment law, understands what you are going through, and will offer you the best possible guidance at no upfront cost.
Why you should contact us:
It’s free to talk to our law firm.
There are no fees unless you win.
We specialize in Canadian employment law and can go through your options.
We’ll arrange a free consultation with one of our wrongful dismissal lawyers to see how we can fight back if you've been wrongfully dismissed.
We're here to answer all of your questions.
What Is Wrongful Dismissal?
A wrongful dismissal is when an employer terminates you without cause and without adequate notice.
Another interesting instance that falls within the definition of wrongful dismissal is a constructive dismissal. This is when you resign because an employer behaved egregiously by treating you poorly or drastically modifying your terms of employment. In cases such as these, an employee can quit and then sue for wrongful termination.
The damages are the same for a wrongful dismissal and a constructive dismissal.
Schedule a free consultation with our wrongful dismissal lawyers if you think you have suffered a wrongful dismissal.
How Much Notice Am I Entitled To?
What Can Affect My Notice Settlement?
Things That Can Affect Your Notice Entitlement | |
Employment Contract | Our wrongful dismissal lawyers will review the contract or agreement you signed at the beginning of your employment. It may contain terms limiting or removing your “common law” severance entitlement. Advice from a wrongful dismissal lawyer can change drastically, depending on what we see in your employment contract. |
Efforts To Seek Re-employment | In a wrongful termination lawsuit, you may be required to actively seek similar employment (documented) to mitigate your losses. Failing to demonstrate these "reasonable efforts" can alter your entitlements. |
Successful Re-employment | If you secure another job, your replacement income will reduce your common law severance entitlement accordingly. |
What DOES NOT Affect My Entitlement?
Things That Don’t Affect Your Notice Entitlement | |
Your Employer’s Reasons for Dismissing You | With few exceptions, your employer’s reasons won’t affect the amount of your entitlement award. Our wrongful dismissal lawyers can determine if those reasons apply to your case (for more information, see the information sheet on “general damages”). |
Workplace Conflicts, Grievances, or Disagreements | After termination, courts typically avoid these issues. Potential exceptions include if an employer has acted maliciously or breached your basic human or employment rights. |
Your Job Performance | Entitlements are not merit-based. Your job performance has no bearing on your entitlement. |
Justifications for Denying Notice Entitlement
In extreme circumstances, your employer may have just cause to terminate your employment without notice. However, courts typically reserve this determination for the most egregious offenses—dishonesty, theft, violence, harassment, etc. More often than not, employers do not have adequate justification to terminate.
Is There Just Cause? | |
Poor Performance | As long as you put in a genuine, good-faith effort to perform the duties of your job, your employer will have difficulty using this as a basis to terminate you for cause. |
Mistakes | An error—even one with significant consequences—is typically not grounds to terminate for cause. Unless your mistake resulted from knowingly failing to follow established policies and procedures, it’s an unlikely representation of just cause for your dismissal without notice. |
Failure To Follow Procedures | Unless you have received multiple clear warnings, failing to follow your employer’s policies and procedures typically does not give rise to termination for just cause. |
How Much Time Do I Have?
Employment claims have specific time limits. If you've been wrongfully dismissed, terminated, or your employee rights violated, contact Share’s wrongful dismissal lawyers promptly for legal guidance and case discussion.
How Much Will It Cost?
We’re different from other law firms dealing with employment and labour law because we work on contingency, so you don’t have to pay any fees unless you win.* There are no upfront costs, and there are no fees until we settle your case. Everything is results-driven, and we only get paid if you get paid. It’s all part of our Share Law Guarantee.
*Certain exceptions apply, and in cases where our wrongful dismissal lawyers cannot offer a contingency fee retainer, we will discuss the other options with you.
Employment lawyers in Toronto, proudly serving clients in Ontario and across Canada
Are you looking for an employment lawyer to fight for your rights? Our law firm has unmatched experience in employment law and we don't let provincial borders stop us from helping you in your time of need.
Free consultation
If you have been wrongfully dismissed and are unsure if it is fair, we will review it and talk you through all your options—free of charge. Being informed about the employment process and knowing your rights is essential.
No fees unless you win your case
We understand your situation and that paying for a wrongful dismissal lawyer may feel out of reach. We are here to help you. That is why we offer a free consultation; there are no upfront costs and no fees unless you win your case. You’re not alone. We believe in your case, so we only get paid when you do.
Your Life, Rebuilt with Life reBUILDER™
When you work with us, you get guidance and tools to help you. You will become a member of a privileged group of clients with access to our hub, Life reBUILDER™, exclusively from Share Lawyers. It offers six unique services to help rebuild your life and get you back on track, beginning with the experience of a whole legal team working for you.
We’re here to support you during this difficult time
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