Wrongful termination is a legal term used to describe a situation in which an employee is dismissed from their job in a manner that is not legally allowed. In Ontario, employers are required to follow the Employment Standards Act (ESA) when terminating an employee. If an employer does not follow the ESA when dismissing an employee, the employee may be able to make a claim for wrongful dismissal.
The ESA sets out the minimum standards for dismissing employees in Ontario, including providing reasonable notice or pay in lieu of notice, severance pay, and specific requirements for notice and termination of employment contracts.
In addition to the ESA, an employer may also be required to follow common law principles when dismissing an employee. These principles include providing reasonable notice or pay in lieu of notice, providing severance pay, or following the terms of an employment agreement.
If an employee believes they have been wrongfully dismissed, they may be able to make a claim for wrongful dismissal. To do so, they must bring a claim to the Ontario Ministry of Labour or the Ontario Superior Court of Justice. Depending on the circumstances, an employee may be entitled to damages for lost wages, lost benefits, and legal costs.