As long as you were fired for an illegal or invalid reason, it doesn’t mean that you have a case for wrongful dismissal. For example, your boss might have told you that you were fired because the company was in a bad financial situation when in fact, the balance sheet is very healthy.
Even though a company shouldn’t lie about why they fired you, there is no legal requirement for them to be “honest” about why they gave you. They don’t have to be upfront about their choice as long as they provide notice. Following are a few frequently asked questions about the dismissal, termination, overtime defense and severance.
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Does My Written Job Contract Cover All Of My Rights?
An implied employment agreement means that the terms and conditions of your job will be regulated by both statutory law (the Employment Standards Act), which the government sets, and common law, which is set by the people who work there. It is also important to note that the Human Rights Code and the Employment Standards Act also mandate that a signed agreement cannot waive these rights.
Am I Eligible For Overtime Pay During My Notice Period?
In general, the answer is “yes.” According to the case of Olivares v. Canac Kitchens, 2012 ONSC 284, overtime pay “had become an important part of the employee’s expected income and should be compensated for.” People who were fired for not doing their job should be compensated for the overtime they were paid in the years before they were fired.
How Long Must An Employer Give An Employee Notice Of Termination?
An employee’s severance package may include a severance clause that specifies how much notice they must provide if they are to be terminated, other considerations including their age, the nature of their position, and whether or not they can find comparable work.
Should I Sign A Severance Offer On Termination?
Your employer may give you a letter to sign when you are fired. Also, they may offer you a quick severance package with a limited time frame. The lawyer at Samfiru Tumarkin LLP can help you before you sign anything. We help people who have been fired and need to look over their severance package.
Don’t accept severance compensation from your job without consulting an employment lawyer beforehand. – They can’t legally set a deadline for when you can get your full severance pay. You have two years after you are fired to get your severance pay. A severance package from your employer means you can no longer sue for severance pay under common law, which could make a big difference in how much money you get.
When Does An Employer Have “Just Cause” To Fire An Employee?
People in Canada usually have “just cause” if they have done something bad, such as not doing their job, being incompetent, or disobeying their boss. Examples of this kind of behaviour include theft and a lot of insubordination.
Sometimes, even if an employee’s actions fall into one of the general categories of misconduct that are thought to be cause for termination, the employer may still not have legal “just cause” to fire them. If an employer has “just cause” to fire an employee, the employer can fire the employee right away without giving the employee any notice or paying severance pay.
What Kind Of Behaviour Merits Quick Dismissal From A Job?
Employees who are fired for “just cause” can be fired right away, without giving them notice or paying them severance. People in Canada usually have “just cause” if they have done something bad, such as not doing their job, being incompetent, or disobeying their boss. Thieves and people who don’t follow orders are two examples of this behaviour. Sometimes, even if an employee’s actions fall into one of the general categories of misconduct usually seen as a reason for firing, the employer may still not have legal “just cause” to fire them.
Conclusion
A company shouldn’t lie about why they fired you, but there is no legal requirement for them to be “honest.” These are a few frequently asked questions about the dismissal, termination, and severance process that might help you decide if you should take legal action.