Considerations when firing an employee
If you are an employer in Ontario considering firing an employee you should seek legal advice. You must consider several factors before taking action. Employers in Ontario do not need to have a reason or cause to fire an employee. A company can fire staff. Employers are flexible to adjust the size of their workforce as needed.
When there is no cause to dismiss an employee, the employer must give reasonable notice of the dismissal. Alternatively, the employer can give pay in lieu of notice. Failure to provide notice or pay in lieu of notice often entitles an employee to sue. If you have been fired, it is important to consult a wrongful dismissal lawyer. If you are an employee and you are considering firing staff, you should seek legal advice.
Firing an employee and the Employment Standards Act
Employers must be aware that the notice provisions of the Employment Standards Act are considered minimums. Common law notice can be much greater than the minimums listed in the Employment Standards Act. As a result if you have been dismissed, you need to know your rights and how much notice you are entitled to receive. Consequently, if you have been fired by your employer you should immediately contact a wrongful dismissal lawyer. If you receive a termination letter, seek legal advice before signing or agreeing to anything.
When a company is in financial trouble, it becomes hard to pay a dismissed employee pay in lieu of notice. An employer some times elects to ignore notice requirements when firing an employee. This happens because the employer tries to save time and avoid legal fees. This can become very risky, especially when dealing with tenured or highly specialized employees.
There are many instances when firing an employee who has been with a company for several decades can become a major financial burden as a result of the wrongful dismissal lawsuit that follows. It is therefore very important to consult with a lawyer before firing an employee, especially if the employee has been with the company for decades.
The information on this website is for informative purposes only. It is not legal advice. You can retain a lawyer only after a consultation. If you need a wrongful dismissal lawyer or if you have any other employment law issues, call me at: 416 323 3614