Generally speaking, Canadian employers and employees alike can end their employment contract for any legal reason.
While laws vary from province to province, however, your employer still has to meet certain standards to let you go from your position.
To understand if your employer has terminated your position without meeting the proper obligations to do so, you have to understand if you were dismissed with cause, or without.
An employer can let you go for a number of reasons, we discuss the types of employment dismissal in Canada such as with cause, without cause, at will employment, and illegal termination.
Dismissal With Cause
Chances are if you’ve been dismissed with cause, you’ll know why.
This type of dismissal involves some sort of offense or wrongdoing on your part.
This can be very serious and lead to your dismissal without notice or a severance package.
Additionally, you may not be eligible to receive employment insurance if you have received a dismissal with cause.
In these instances, your employer has the burden of proof to show that your actions were so improper that letting you go without notice was justified.
There must have been an effort on your employer’s part to address and correct your behavior – possibly more than once – before letting you go.
Every situation is different so if you believe your employer didn’t have the right to terminate your employment, it’s best to contact a wrongful dismissal lawyer in Toronto to discuss your options.
Dismissal Without Cause
If an employer fires you without any misbehavior on your part, this is considered dismissal without cause.
Unfortunately, this can happen for a variety of reasons.
In Canada, it’s legal to terminate an employee for not liking them, or because someone else would fit the role better.
It’s important to keep in mind that if your employer dismisses you without cause, they are required to either give you fair notice beforehand or pay you in place of that notice.
While some of the legal reasons for employee termination may seem to give employers too much leeway, some laws protect you from being terminated for reasons that are considered discriminatory.
As found in the Human Rights Code, you cannot be fired for reasons relating to your ethnicity, gender, pregnancy, or any other factor that is outlined there.
If you have been dismissed from your job and you believe it was done illegally, it’s best to contact a lawyer right away.
The loss of your job can be devastating, especially if it’s not expected.
If there was any indication that your termination violated one of the laws outlined in the Human Rights Code, you do have rights that may have been violated.
We hope this article helps you understand the types of employment dismissal in Canada such as with cause, without cause, and illegal termination.
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