Morrison Reist Krauss - Employment Law

Wrongfully Dismissed? What Do You Do Next?

If you’ve been dismissed from your job, what do you do next? We recommend you always speak with an employment lawyer, as you may have more options that you think.

Whether you’ve:
  • Been provided a severance package you do not understand
  • Received no severance at all
  • Been downsized or fired before retirement

An employment lawyer can tell you what is reasonable in your situation, as well as explain to you the meaning and ramifications of sometimes confusing language and references to legal concepts that may be included in your package.

Employee learning about employment law

What You Need To Know

In the vast majority of dismissals, you’ll be offered a severance package and asked to return a signed release in order to receive additional compensation. But before you do so, there are things you need to know:

  • Employees have certain minimum statutory entitlements under the Employment Standards Act or Canada Labour Code
  • An employee is also entitled to reasonable notice (or payment in lieu) which will often exceed the minimum statutory requirements
  • You may encounter confusing language and references to legal concepts such as an employee’s duty to mitigate their damages (for example, many salary continuance packages contain a 50% “clawback” if you should find alternate employment)
  • One judge called just cause dismissal the “capital punishment” of employment law. The onus is on the employer to establish just cause and it is difficult to do so

Understanding these concepts is critical when assessing the appropriateness of a severance package.

Get Informed: The Supreme Court of Canada Rules on Summary Judgment: A “Shift in Culture” and it’s Impact on Wrongful Dismissal Litigation

Lawyers of Morrison Reist Krauss LLP

How We Can Help

Morrison Reist Krauss has reviewed thousands of packages and can provide you with the facts you need to make an informed decision.

We can advise and assist you, in the following manners:

  • Review severance packages and provide advice on adequacy
  • Negotiate severance package terms when the current package is not compliant or fair
  • Assess the viability of pursuing a case where cause is alleged
  • Provide representation in wrongful dismissal lawsuits

The decisions you make ‒ or don’t make ‒ upon being dismissed can have a lasting impact on your life. Get informed by contacting Morrison Reist Krauss today.

Call today: 519.576.5351 or Toll Free: 1.800.354.5723

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