Wrongful Dismissal Lawyers Toronto

You are considered 'wrongfully dismissed' if your employer lets you go without enough notice, payout, or grounds under the law. This could include being let go with less severance than you're owed, being terminated for a discriminatory reason (for example: age, disability or family status) or a violation of your employment contract. If your former employer failed to meet legal standards or follow the terms of your contract, you have a case.

You have two years from the date of your dismissal to file a claim for wrongful dismissal in Ontario. Claims are always strongest when the process is started early to have fresh evidence, witnesses and memory. Waiting limits your ability to claim your full entitlement.

1. Document everything: Keep copies termination letter, employment contract and any correspondence or notes of conversations that may be relevant to your case.
2. Do not sign anything right away: Before accepting severance terms, always speak to a lawyer before you sign.
3. Retain a lawyer: He or she will assess your case, handle negotiations with your employer and take the matter to court if necessary.
4. Resolution: The vast majority of cases are settled through negotiation or mediation, although some may go to trial.

Most wrongful dismissal law firms use a 'contingency fee model' under which you pay nothing unless your lawyer wins your case (a percentage of your settlement or award may apply). The first lawyer-client meeting is usually free. A payment plan may be available if legal fees are being billed by the hour.

• Your termination letter or dismissal email
• Your employment contract
• Recent pay stubs and records of employment
• Notes regarding incidents at work that led up to your dismissal
• Any correspondence between you and HR or your manager

Although you aren't required to have legal counsel, too often employers fail to pay a former employee what he or she is entitled to. A lawyer works to protect your rights and is usually able to secure a higher award through a formal settlement process.

• Without cause: An employer can terminate your employment for almost any reason except those considered discriminatory by law if sufficient notice or payout is provided.
• With cause: Used in cases of serious misconduct (criminal behaviour, theft, violence or sexual harassment, breach of trust, neglect of duty). If your employer can't justify cause, compensation is owed to you.

Yes. The Human Rights Code in Ontario specifically protects against termination on the basis of time off for medical reasons, pregnancy or family status, and 'discriminatory' dismissals arising from these circumstances tend to strengthen most wrongful dismissal claims.

Cases that settle out of court through negotiation or mediation can typically be concluded in 3-6 months. Claims that proceed to trial often take 1-2 years or occasionally longer depending on court resources and the complexity of your dispute.

Once you have signed the agreement, you generally can't make further claims against the company. Always have a legal expert review your offer before you agree to any of the terms.

Age, length of service with employer, the nature of your role and position, and the current job market are crucial elements in setting damages. Other considerations include the wording of your contract and whether your employer fulfilled its legal/statutory obligations.

• Wrongful dismissal: Involves dismissal or termination without proper notice or cause.
• Constructive dismissal: Employer's actions/decisions make temporary or permanent changes to your employment such as a significant cut in pay, demotion, suspension, unwanted transfer or layoff. You may have a case in either event.

• Client testimonials and past case results
• Law Society of Ontario membership
• Clear explanations and contingency fee arrangements
• Free initial consultations with the firm to establish fit and trust

Employers are prohibited from taking reprisals or actions against you for enforcing your legal rights. Settlements almost always include a non-disclosure agreement to prevent harm to your reputation.

The Ministry has the power to enforce 'minimum standards' outlined in the Employment Standards Act while a lawyer can seek 'reasonable notice' based on common law (statutes and case law), which usually provides greater compensation than the Act. Taking both actions may improve your overall outcome or settlement.

The lawyer will go through your facts with you, look at any documents you have relating to your dismissal, explain your options and the various stages in the process. There is no fee or obligation to retain the firm beyond talking through your situation and reviewing the strength of your file.

If you are working with a contingency fee structure you don't pay anything if the case is unsuccessful. In an hourly billing scenario this can vary depending on the agreement reached at the point of service.

Fewer than 10% of claims ever make it to trial. Most are resolved out of court between the parties or with the help of a mediator.

Take care of yourself, seek support from friends, family or professionals, and let your lawyer act as the point of contact with your former employer to shield you from direct participation in the process.

Yes. It is not uncommon for people to be mis-classified by an employer. You may in fact be deemed an 'employee' under statute even if you have been described by the company as a contractor or freelancer, and be eligible for some damages or severance pay.