Wrongful Dismissal in Ottawa Explained
The employment lawyers at Samfiru Tumarkin LLP are experts when it comes to enforcing your rights in wrongful dismissal cases. A wrongful dismissal takes place when a non-unionized employee in Ottawa or throughout Ontario is dismissed without cause, and the employer fails to provide proper notice, or severance pay instead of notice.
Ontario Employment Laws and Your Rights
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Severance Offer Deadlines
You have no legal obligation to accept a severance offer on the day of termination or by a deadline imposed by the employer. You actually have two years to pursue your rights with help from an employment lawyer. -
Amount of Severance
The amount of severance you are owed in a wrongful dismissal depends on a number of factors, including age, length of service, position and ability to find new work. We can determine the amount you should be provided with.
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Don't Call the Ministry of Labour
The Ministry of Labour can only obtain your MINIMUM severance pay amount. Our employment lawyers can secure maximum severance pay under common law, which can amount to a difference of tens of thousands of dollars. -
Termination For Cause
Employers often fire employees under the guise of a termination "for cause", or without severance pay. Because a dismissal for cause is reserved for serious misconduct, most employees fired "for cause" are actually owed severance.
$110,294 Won for Client in Wrongful Dismissal Case
Wrongful dismissal claims are often negotiated quickly and successfully through Samfiru Tumarkin LLP’s unique resolution process. The rare times that a matter needs to progress to Ontario courts, our employment lawyers provide fierce representation for our clients.
A prime example of our advocacy can be found in Visaggio v. Joynt-Dent Inc., where we represented our client in a wrongful dismissal action against an Ottawa dental practice.
Our client had worked many years at the practice, until it was sold to new owners. She was presented with a new employment contract that sought to severely limit her severance pay entitlements under common law. When she attempted to negotiate her employment contract, she was fired without cause and given 2 weeks’ notice plus 8 weeks’ statutory termination pay under the Employment Standards Act.
Ottawa Employment Lawyer Alex Lucifero, Managing Partner at Samfiru Tumarkin LLP, presented a solid legal case that resulted in our client being awarded a full 24 months of severance pay. This amount also included her annual bonus.
While this result is not indicative of future results and outcomes may vary depending on numerous factors, this is an example of the capabilities of our Ottawa wrongful dismissal lawyers.
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