In general, wrongful dismissal is a legal term that describes when an employer terminates an employee's employment without a legitimate reason. If an employee has been working for more than three months under an employment contract, then gets fired with no rational reason, wrongful dismissal occurs. Sometimes the termination by an employee breaks one or several terms of the employment agreement. The type of wrongful dismissal can vary depending on the contract between an employer and an employee. In the case of unfair dismissal, you would better consult with a Toronto paralegal so that you can get aware of your rights and legal procedures.
The terms of an employment contract can decide how an employer or employee can terminate the agreement. The contract may be verbal, written, or a combination of both. Generally, dismissal is a termination of an employment contract due to a specific reason or without cause. For example, the employee's unprofessional behavior may breach one of the contract's terms and become the discharge cause. In case there is a reason for dismissal, the employer can terminate the agreement, but if there is no legitimate reason, the dismissal is wrongful. In the case of wrongful dismissal, the dismissed employee can consult or hire a Toronto paralegal to legally claim financial damages.
When the Dismissal Is Not Wrongful:
The employer can dismiss his/her employee only due to a reason.
Some of the reasons are listed below:
1. When the employee uses alcohol or drugs, and it interrupts his/her performance
2. When the employee does not perform his/her duties
3. When the employee does something against the rules, such as stealing
4. When the employee refuses to obey the rules of the workplace
5. When the employee tells a lie about something important related to his/her job
6. When the employee is incompetent. For example, he accepts the responsibility, and then the employer finds out that he is not able to do so
When the Employee Can Claim Wrongful Dismissal in Small Claims Court:
The employer does not have to explain why s/he has terminated the employment. As a result, he won't consider a notice given. However, sometimes employers are not allowed to dismiss the employee, even if they give notice or pay some money as a termination payment.
Wrongful dismissal happens when:
1. The employer dismisses his/her employee because of a specific race, religion, or nationality.
2. The employer dismisses he/her employee because he has claimed because of discrimination.
3. The employee dismisses his/ her employee because he refuses to act against the rules.
What Is a Notice?
When you suffer from an injury, and somebody else is responsible for it, you can give him/her a notice to inform that s/he must hold the responsibility. However, starting a lawsuit is different from giving notice. Notice giving is one of the pre-steps you should take before starting a lawsuit. By this notice, you will let the opposing party investigate your lawsuit or claim as soon as possible.
Notice periods are usually not long. You almost have ten days after the date you have been injured to give your notice to the opposing party.