A wrongful dismissal or wrongful termination from employment is a term used in employment law that is often used by employees that contact our law firm. A wrongful dismissal does not mean that you were fired for an illegitimate reason. Though in the context of a termination for cause, if an employer does not have a legitimate reason for the termination, this would be considered a wrongful dismissal. In respect of a termination without cause, the employer does not have to provide any reason for the termination of employment. The employer’s obligation is to provide a fair and reasonable severance package.
The amount of severance you are entitled to it dependent on the circumstances and has been written by us extensively, including here. Accordingly, if you have been terminated without cause from your employment in Ontario, please contact an employment lawyer before signing back any severance agreement. If you have been terminated for cause from your employment, as discussed here, it will be challenging for the employer to satisfy the onus to prove cause for termination. As such, you are more than likely entitled to a severance package. In either case, you may be subject to a wrongful dismissal in the context of a termination without cause and a termination for cause. Note, as indicated above, that the reason the employer terminates your employment is only relevant in the event of a termination for cause rather than a termination without cause.