wrongful dismissal claims be pursued after the expiration of a contract
If you are employed in a non-unionized workplace and you are fired without cause, it could be a breach of your employment contract and a violation of Canada labour laws. If the termination is wrongful, you may be eligible to pursue damages relating to lost income, loss of self-respect and other related harms. If you have been terminated after the expiration of a contract, you should contact an experienced Toronto wrongful dismissal lawyer immediately.
In general, to be considered a wrongful dismissal, you must have been dismissed without cause. There are some exceptions, however. For example, you will not be entitled to compensation if you are dismissed for making a complaint about workplace harassment or discrimination (this is known as a “protected claim”). In addition, you cannot sue your employer for wrongful termination if you quit because of poor working conditions.
A wrongful dismissal claim must be made within two years of your dismissal. The specific time limits will vary depending on your industry and whether you were fired in connection with a unionized work environment or a non-unionized work environment.
Can wrongful dismissal claims be pursued after the expiration of a contract?
The first step in determining if your dismissal is wrongful dismissal lawyer is to determine what was written or verbally agreed to in your contract. This will include the duration of your notice period, if applicable, and the amount of any contractual benefits that you are entitled to such as vacation pay, bonus or commission payments, and private health insurance coverage.
It is important to review any documents that were created or received related to your job and employment, including emails, letters, performance reviews, and severance agreements. It is also a good idea to make notes of any conversations you had with your employer about the termination and any circumstances surrounding it. This information will help to build a case against your employer if you decide to take legal action in the future.
In addition to showing a breach of your employment contract, it is also necessary to show that you suffered loss as a result of being wrongfully dismissed. This includes any financial losses you have incurred as a result of being denied the opportunity to work out your notice period, such as commission or bonuses earned in sales positions. You may also be eligible for damages based on your mental and physical distress, or loss of enjoyment of life.
Wrongful dismissal claims can be complicated. You will need to have a strong understanding of the law, and you will need to gather as much evidence as possible. This can include documents, records, and testimonies from other witnesses. It is also important to document your job search efforts in order to prove that you took reasonable steps to mitigate your losses.
If you have questions about a potential wrongful dismissal claim, speak with an employment lawyer at Minken Law. We can schedule a no obligation consultation to discuss your situation. Our firm serves clients throughout the greater Toronto area (Markham, Newmarket, Aurora, Richmond Hill, Vaughan, Woodbridge, Mississauga and more), Ontario and internationally.
