Employment Law & Wrongful Dismissal

Know Your Rights

If you have been fired, whether it is “with cause” or not and you believe it was a wrongful dismissal, you should have an employment lawyer review your file. Each case is different, and there are many factors that come into play, so each file must be reviewed individually to determine if you are entitled to additional compensation. An employer in Canada can terminate an employee at any time with or without cause but is responsible for paying that employee adequate compensation for severance.

If your employer claims to dismiss you with “just cause”, you  should have your situation reviewed before  signing any termination settlement proposal —  employee behaviour must be very serious to be terminated for just cause. You need to have your side of the story told and someone advocating for you, telling your side. Many factors come into consideration when determining a wrongful dismissal case. Furlong Collins can review your matter and be that advocate for you.

What is Constructive Dismissal?

Have the conditions at work changed?

If your employer made a fundamental change to your workplace environment or the terms of your employment, as an employee you may have cause to claim damages for wrongful dismissal.

You must be aware that sometimes you may have to continue to work under the new terms or conditions as part of the settlement in these cases, so you must proceed carefully.

Common situations where you may have a case claiming constructive dismissal are:

• a demotion in position
• a transfer to another location
• a cut in salary or other compensation such as benefits
• a hostile or abusive environment