wrongful dismissal happen due to changes in work location
The term wrongful dismissal is often used in relation to a firing that is illegal, unfair or against the employee’s rights. However, it’s also possible to be wrongfully terminated without being fired. In this blog post, our Toronto wrongful dismissal lawyer explores how that can happen, and what employees may be entitled to in such cases.
When an employer fails to give a sufficient amount of notice when terminating an employee, they are guilty of wrongful dismissal termination. In Ontario, non-unionized employees are protected by the Employment Standards Act and can be terminated for any reason – but an employer is required to pay them the appropriate amount of notice before ending their employment. This can take the form of working notice, pay in lieu of notice or a full severance package. Our lawyers have helped tens of thousands of people secure fair severance packages after being terminated from their job. They can help you too.
A person can be fired for almost any non-discriminatory reason, but the most common type of wrongful termination is when an employer fires someone for discriminatory reasons or in retaliation for exercising their legal rights in a workplace dispute. Discrimination can be based on an individual’s race, age, gender, religion, or any other personal attribute that is protected by law. It’s also unlawful to fire an employee for taking time off to attend a jury duty, serve in the military or to pursue a legal claim in a labour dispute.
Can wrongful dismissal happen due to changes in work location?
An employee can be wrongfully dismissed when their employer makes significant changes to the terms of their employment contract. This could include changing their compensation, title, work duties, office location or hours of work. If the employer does this without offering adequate monetary compensation, they have committed constructive dismissal and can be found to have been unfairly terminated.
If an employer terminates a non-unionized worker in violation of the Employment Standards Act, they can be sued for wrongful termination. In contrast, unionized workers are covered by their collective agreements and have different rights to protect from unfair termination.
wrongful dismissal lawyer does not just impact the immediate parties involved; it can have far-reaching implications for organizational culture, industry standards, and even societal expectations. Both employees and employers must fully understand the stakes involved, particularly in jurisdictions where labor laws are more stringent, and consequences for wrongful dismissal are severe.
When an employer has violated an employee’s rights, it’s important to consult with an experienced employment lawyer as soon as possible. The law has strict timelines for filing employment claims, and our wrongful dismissal lawyers will review your case for free and advise you on the best course of action moving forward. Contact us today to get started.