Wrongful Dismissal

A “Wrongful dismissal” occurs when an employee is laid off or fired or terminated without cause by their employer and is not provided reasonable notice of termination or termination pay in lieu of notice. Employees can sue their employer in situations where they have not received notice, an adequate amount of termination or severance pay.
If you have been provided notice of termination or payment in lieu, it is recommended that you consult with an employment lawyer to determine whether your notice/pay in lieu of notice of termination or severance is adequate.

In order to maximize your termination entitlement, Mackenzie Law will first review your termination provision in your employment contract to determine whether it is legally enforceable and help you understand the difference between your statutory rights under the Employment Standards Act (ESA) and your common law rights enforceable in the courts. Employees with an unenforceable termination clause usually receives more notice under the common law (3-4 weeks notice for every year worked at a company, and in some cases, the court can determine that an employee who has worked for 3 months be entitled to 4 weeks notice) as opposed to the ESA (2 weeks notice for every year worked at a company).

Call Mackenzie Law today if you have been fired or laid off. We offer a free consultation to both employers and employees.
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