When an employer terminates an employee’s employment, it must do so either:
- with just cause for termination; or
- with adequate notice of termination.
If neither of the above are satisfied, then the employer wrongfully terminated the employee’s employment and the employee is entitled to pay in lieu of reasonable notice of termination. The purpose of providing notice of termination is to provide an employee with a reasonable period of time to find alternate similar employment. During the notice period, the employee could be entitled to all employment benefits, such as their wages, car allowance, pension contribution and so on.
The length of the notice period is determined based on factors which have been found to affect the length of time it would take for an employee to find similar alternate employment, including but not limited to:
- length of service;
- age;
- character of employment; and
- availability of similar employment.
Employers can allege that they have just cause for termination and therefore, would provide no notice of termination. But there are usually weaknesses in their case and therefore, a court may not ultimately find that the employer had just cause for termination.
Even if the employer had just cause for termination, the termination of employment may not be attributed to wilful misconduct, in which case, the discharged employee could be entitled to termination and severance pay under the Employment Standards Act, and Employment Insurance benefits.
Depending on the circumstances, the employee’s termination from employment could be discriminatory, harassment or failure to accommodate under the Human Rights Code. It may also constitute retaliation for the employee’s attempt to enforce a statutory right.
Have your particular matter assessed by an experienced Workers’ Rights Lawyer to obtain advice on what actions you may take in response to being terminated from employment by your employer.
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