Scenarios in Mississauga where your termination may be considered unlawful
You’re Fired! You’ve gone through school for a career you’ve always dreamed of, graduated top of your class, landed your dream job and now you have been informed that your employment has been terminated. That news can be described as nothing else than a gut punch. Losing your job is truly one of life’s very worst experiences. What are you going to tell your family? How are your bills going to get paid? All these feelings get exacerbated if you have questions about why you were let go. Was it lawful? Mr. Gary Bennett at GAB Law Firm in Mississauga, ON is an employment lawyer who can help guide you through this process and answer your questions when determining if all laws were followed when your employment was terminated.
4 Times When A Termination Can Be Considered Unlawful
Although laws can vary, here are four situations where your termination may be considered wrongful:
- You Had a Fixed Term Contract Without a Termination Clause – Employees with contracts that state a definite period of time when their employment begins and ends are employed under a fixed term contract. If your fixed term contract does not have a clause permitting your employer to end the contract early, your termination of employment may be wrongful. If your fixed term contract has a termination clause but it is not legally enforceable, you may be entitled to financial damages.
- You Were Organizing a Union in Your Workplace – It may be illegal for your employer to terminate your employment after discovering that you’ve been engaging in talks with employees to organize a union in the workplace. Organizing a union to improve wages or working conditions for employees is legal. If you believe you’ve been terminated in response to this behaviour, you may be entitled to claim your legal rights against your former employer.
- Your Employer Terminated Your Employment as Retaliation Against You – This can occur if you were attempting to enforce your rights under the Employment Standards Act, 2000 or the Human Rights Code and your employment is terminated during this process. This type of termination may be a wrongful termination as employment laws protect workers who are attempting to enforce their rights under these specific statutes.
- You’ve Been Discriminated Against – It is wrongful and illegal for your employer to fire you if your race, ethnic origin, creed, or gender is a factor in the decision to terminate your employment. It does not have to be the entire reason. It only needs to be one of the factors in the decision making process. If you believe that one of these grounds was a factor in the decision to terminate your employment, seek legal counsel.
If you are in a situation where there is any question surrounding your termination and you need answers, please contact Mr. Gary Bennett at GAB Law Firm. For a consultation please give him a call at (365) 800-2090.
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