employment contracts affect wrongful dismissal claims
An employment contract defines the terms and conditions of your job. It may include details about your salary, benefits and vacation leave. It might also contain restrictions on your post-employment behaviour such as non-disclosure and non-solicitation covenants. The contract can also stipulate how much notice you will receive upon termination of your employment. This notice can be provided in the form of working notice (which allows you to continue to work through the date of your termination) or severance pay.
In the absence of an employment contract, most employees are considered at-will workers. While at-will employees are protected from retaliatory termination by civil rights laws and other laws that restrict wrongful dismissal, they are still subject to the discretion of their employer when it comes to terminating them. To limit this discretion, it is common for employers to negotiate contracts modifying the at-will status with executives and other high-level staff.
A contract can specify that you can only be fired for cause, which means that the employer has to demonstrate that a specific situation or your actions justify firing you. This restriction protects you financially against the possibility that your employer might decide, for any number of reasons unrelated to poor performance, that your employment should be terminated without cause.
How do employment contracts affect wrongful dismissal claims?
However, if the contract does not specifically say that you can only be fired for cause, your employer can fire you at any time, even though it would likely constitute a breach of the agreement. When this occurs, the employee may be entitled to a monetary compensation for wrongful dismissal lawyer .
In addition to your right to notice on termination, you have a duty to mitigate (or attempt to minimize) the damages you may suffer from your termination. This is based on the principle that you must make reasonable efforts to find comparable employment. If you cannot find comparable employment, then you may be able to claim a larger award of damages.
When calculating what you may be entitled to in the event of your termination, the court will consider factors such as the type of position available, its salary range and whether it is full or part-time. It will also take into account any qualifications or experience you have that are transferable to the new position.
An employment lawyer can help you determine the amount of compensation you might be entitled to in a wrongful dismissal claim. While you might feel tempted to settle your case with the former employer as soon as possible in order to avoid legal fees, it is usually in your best interests to consult with a Toronto wrongful dismissal lawyer before making any decisions.
If you believe that your former employer has wrongfully dismissed you, the experienced lawyers at Mercer Law Firm can assist you in filing a wrongful dismissal claim against them. Contact us today for more information. We serve clients in Toronto and across Ontario. We offer free initial consultations. If you’re unable to visit our office, we can arrange a telephone or Skype consultation with you.