The employers are bound by both federal and provincial legislation to provide the employee notice or pay in lieu of notice when they dismiss the employee when there is no just cause for termination. When you are signing your employment agreement and the termination of your job, you must be aware of the rights given to you as an employee under the Canadian employment law. https://www.wrongfuldismissal.ca/ should be consulted to analyze the nuances of your case.
What should you keep in mind when joining a new employer?
Whenever you are joining a new employer, you must adhere to the employment contract, which states the employment standards legislation that provides the minimum entitlements. The employment standard legislation covers the minimum wage, hours of work, leaves of absence, and other basic employment matters. The termination provision is something you should analyze properly before signing any employment contract. Other provisions which you should take a good look at are the notice periods and the compensation schemes. Some contracts have a high incentive plan as a part of their compensation structure, which also has termination provisions embedded in them. This may work against you as an employee who obtains a significant portion of their income from these incentive plans.
Have you faced discrimination?
The employee’s dismissal can’t be based on grounds like caste, creed, race, gender, or religion. Suppose you feel that you have faced discrimination due to any human rights issue. In that case, your employment lawyer will help you to figure out how a human rights violation would impact your wrongful dismissal.
Can the employer dismiss an employee for protesting an unsafe work environment?
The employer can’t terminate the employee if the employee has contested any kind of dangerous activity at the workplace. The federal and provisional laws both contain provisions that prohibit the employer’s retaliation against the employee for protesting against unsafe working conditions and seeking assistance.
Should you mitigate the damages?
When you are filing a case for wrongful dismissal against your employer, you must remember that you have an obligation to mitigate damages by seeking other employment as an employee. This search for a job can also be shown in court. You could document it.
Have you been dismissed based on your performance?
The employer gives your performance-related issues as a cause for your dismissal from the job. In this case, the employer should have a substantial ground for dismissing you. They should have also given you a warning and an opportunity to improve your performance before dismissing you from your job
Consult a lawyer
If you have been dismissed from your job on any of the above grounds, it is not just. Consulting a lawyer can help you to turn these causes into a wrongful dismissal. This would help to advance your case. During the consultation, you can ask them any questions you have and be open with them about the discrimination that you have faced at your job.
