In the world of employment, you will probably have a great number of experiences. For the most part, you will meet colleagues you enjoy working with. The culture at the workplace may also be something to be fond of. However, not everything at the workplace can remain in an orderly and likeable fashion.
Sometimes, there may be moments where you and your employer get into an unfortunate back-and-forth. The result of this process may lead to you being terminated from your position, for reasons that are not legal. Wrongful termination is a multifaceted term, and requires a more in-depth explanation.
Wrongful termination can be a whirlwind to experience, especially if you feel as if it was unjust. However, once you understand the term, there will always be a few options worth exploring. For starters, you should contact a Toronto employment lawyer and discuss your legal options. With enough time and preparation, you should be able to come to a result that you are ultimately satisfied with!
Let’s explain what is wrongful termination in greater detail:
What is wrongful termination?
While it may seem as if getting fired from your job is non-negotiable, there are subtle nuances to look at. Wrongful termination is exactly as the name implies; there may be reasons behind your dismissal that aren’t legal. It is in your best interest to determine the rationale behind this, and go from there.
In the most general of senses, wrongful termination also denotes a situation where the employer fires a worker without cause. This can also happen when the employer fails to give the employee a notice of dismissal in a sufficient amount of time. Normally, this can lead to further action, if the employee wants to pursue it.
Length of termination notice
Despite the term being phrased as such, it is important to extrapolate the expression further. Even though wrongful termination implies that it is illegal to fire a worker without cause, the legality matters elsewhere. As far as contracts go, an employer is able to fire an employee, as long as sufficient notice is provided.
Moreover, once sufficient notice is given, the length of the notice needs to be reasonable for both parties. This allows everyone to have a determined amount of time to get their affairs in order. Many legal terms require a second look, in order to fully comprehend how to approach them in practice.
Breach of contract
As mentioned previously, there are many nuances within wrongful termination that require further review. One of those nuances has to do with a potential breach of contract, which could be a source of dismissal. Many may think that a breach of contract automatically leads to a wrongful termination.
However, a breach of contract will only occur if the respective employer does not provide the worker with a proper notice. A notice of dismissal must be documented well beforehand, for it to be considered efficient. Only then can the working relationship between each party be considered valid.
For a termination to be considered lawful, there are various pieces of criteria to be fulfilled. As such, there may be times where a dismissal can be illegal. One of the most common scenarios where a termination will be seen as wrongful is if it is discriminatory in nature. Should this be the case, the employee will have a case to be reinstated into their role if they want to be.
If you are an employee who feels that they have been wrongfully terminated, there are steps to consider. One of the most important areas to review is the exit agreement, which may be impacted in some way. Even if you want to sign the severance offer, you might want to have a legal professional review it.
That is because, in general, there may be a short deadline attached to the exit agreement. If you don’t have enough time to review it, there could be areas in there that could impact you. It is always advised to speak to your legal representative, before you sign on the dotted line. That way, you protect yourself, as well as your interests, at all times.
What happens after wrongful termination?
If you have been wrongfully terminated, try your best to not stress out. There is an entire plan to put together, in terms of thinking about what to do. After you collect yourself, it is generally recommended to call a lawyer. No matter the extent of the wrongful termination, there could always be a silver lining attached to your set of circumstances.
Many legal firms often specialize in tackling wrongful termination claims head-on. As a result, their expert opinion will help guide you towards the best course of action. Sometimes, these legal representatives will offer their services free of charge for an initial meeting. Once you become comfortable, feel free to proceed with their servicing.