HOW TO PROVE A WRONGFUL DISMISSAL?

Being let go from your job can give rise to uncertainty. The search to find another job quickly can also make you highly anxious. If you have been a victim of wrongful dismissal or wrongful termination, then you need to reach out to a lawyer. A lawyer will help you fight for your rights. Wrongful dismissal is quite common, and the lawyer will help you prove that you shouldn’t have been let go. A lawyerwill examine the circumstances under which you were let go and discover how the employment law was violated while terminating you. With a lawyer by your side, he or shewill work with you to help you build a strong case. Here is how you can prove a wrongful dismissal.

What is required to prove the wrongful dismissal?

In Ontario, you don’t need to prove that you have suffered financial damages from the termination or that you have been terminated without any notice. How it happens is that, once the claim has been filed, the employer will have to prove that either you were given sufficient working notice or payment in lieu of notice or that you were terminated due to gross misconduct during your employment.

The Employment Law Constructive Dismissal occurs when the employer, by words or conduct, makes a fundamental change in the material term or condition of the employment contract. Wrongful dismissal is not the same as Unjust Dismissal. Unjust dismissal is available to those employees who are federally regulated.

Can you claim wrongful dismissal if the employer lied about why you were terminated?

There is a common belief that the employees give the exact reason for the termination. The question can be answered in both yes and no. No, because it is not required of the employer to give the employee any reason why the termination took place as long as proper working notice was provided or payment in lieu of the notice. If this did happen, then even if the employer lied about the reason for termination, you can’t claim wrongful dismissal. If the explanation provided to you for termination was just an excuse to conceal the fact that the termination was a reprisal against the employee for trying to enforce his or her employment entitlements, then it is wrongful termination. When this happens, it is best to reach out to a trustworthy law firm like HTW Law.

Can you claim wrongful dismissal during probation?

When the employee is on probation, it enables the employer to terminate him or her without any notice, only if the employer made a good faith determination that the employee was unsuitable for a permanent role and provided the employee a fair and reasonable opportunity to prove his or her suitability and that “non-suitability” was not used as an excuse. In the case of bad faith termination, the employee is entitled to common law reasonable notice if the employment contract is silent on termination without cause or the termination clause was deemed to be invalid for violating the Employment Standards Act(ESA).