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Dismissal Without Cause

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Dismissal With or Without Cause

There are two main types of dismissal: dismissal with cause, and dismissal without cause.

Dismissal with cause requires some kind of serious misconduct on your part as the employee. If you steal from your employer or violate legal company rules, your employer is well within their right to fire you without notice, and they are not required to offer you a severance package. This type of dismissal without notice is only legal if your employer can prove that your misconduct was so serious that it was reasonable to let you go on the spot. Often, this means repeated attempts by your employer to correct your behavior or a serious breach of your employment contract.

Dismissal without cause happens when your employer …show more content…

Most employers choose to terminate employment immediately and offer a severance package instead. This package is actually your employer paying damages to you for their failure to provide you with sufficient notice!

The amount of notice you're entitled to can vary greatly depending on factors like the length of your employment and the current job market, so it's important to consult a lawyer before signing anything from your employer. Often, an employer will only offer the bare minimum required by legislation when in reality you could be entitled to a much larger severance package.

Constructive …show more content…

They can't let you go for discriminatory reasons (including your gender, ethnicity, pregnancy, or any other factor outlined in the Human Rights Code) or for speaking up about your rights according to the Employment Standards Act or the Occupational Health and Safety Act. If you believe you have been illegally dismissed, you should consult a lawyer right away. You may have the right to be reinstated in your position or have the ability to pursue remedies not available in other wrongful dismissal cases.

Wrongful Dismissal

If you believe your dismissal was handled incorrectly, a wrongful dismissal action is the only leverage you have to negotiate a fair severance package that compensates you for the working notice you should have received.

One very important thing to note is that you have a duty to mitigate the damages caused by the termination of your employment. In other words, you have an obligation to try to find other work in your field after losing your job. It's important to document your job search so you can prove that you've taken reasonable steps to find comparable employment while awaiting the result of your wrongful dismissal action. The purpose of fair notice is to give you enough time to find another job, so if you do find work before your fair notice time is up, any earnings you receive will be deducted from your final

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