A lawyer should examine your termination letter
Receiving a termination letter can be a very stressful experience. This is especially true if the employee has worked at the company for a long time. It can happen at any time without any signs that the employee’s job is in jeopardy. Therefore, this is a key moment in the employment relationship.
The letter will normally outline why the employment is ending and when the last day of employment will be. It also usually states if the employee will receive notice pay. An employer can provide working notice or alternatively, pay in lieu of notice. More importantly, the termination letter outlines the employer’s position and the reason for the dismissal. If the employer is alleging there is cause to dismiss the employee, the letter will likely outline why the employee is being dismissed for cause. If just cause is alleged, the letter may also contain details about the alleged misconduct of the employee and the particulars of an investigation if one was conducted.
The termination letter is often the first document to be examined in a wrongful dismissal action. The contents of letter are key in finding out if the employee has a wrongful dismissal claim against the employer. Do not make any rash decisions. Do not rely on an internet search. Contact a wrongful dismissal lawyer right away.
Employers must be careful when preparing a termination letter
Your termination letter usually outlines the reason for your dismissal. You can be dismissed for just cause. Termination with cause means that your employer does not want to give you reasonable notice or pay in lieu of notice. It is therefore very important to have a lawyer examine a the termination letter to ensure the employer is not violating the rights of the employee. Otherwise, a wrongful dismissal lawsuit may follow.
Additionally, employers often use a termination letter to offer notice pay and also severance pay. This may happen if the employer does not allege there is cause to fire the employee without notice. It is very important to obtain legal advice before accepting notice pay or severance pay packages in a termination letter.
Although the termination letter may contain what seems like significant numbers for termination and severance, often these are limited to the Employment Standards Act minimums. This is especially true for tenured employees who have been working for an employer for a long time. In these situations it may be better to have a wrongful dismissal lawyer review your termination letter. Again, do not make any rash decisions. Do not rely on an internet search or on what your friends tell you.
The information on this website is for informative purposes only. It is not legal advice. If you need a wrongful dismissal lawyer or if you have employment issues, call me at: 416 323 3614