Wrongful Dismissal

Wrongful dismissal is a legal term wherein an employee has been fired or laid off for an unlawful reason. Usually, wrongful dismissal occurs when one loses his job because he has been discriminated against, for retaliation against the employee filing a claim against his employer, the employee's refusal to commit an illegal act, or if the employer did not follow his or her own termination procedures. When one of these takes place, the former employee may seek legal counsel, and try to win financial damages. This may result in either a generous severance package or reinstatement. However, if the employer is able to document grounds for dismissal (e.g., sub-standard or inconsistent employee performance, tardiness, disruptiveness, etc.), or if the employees contract allowed for dismissal under certain circumstances, the employee could lose his case, and suffer further financial losses.

Fast Facts

  • According to a 2009 court ruling, a former employee may confront a former colleague whose harassment charge led to his dismissal.
  • In Canada, employers must give workers "reasonable notice" prior to terminating their jobs. "Reasonable notice" is determined based upon a number of factors.

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