Whether your employer dismissed you for or without cause, you may have rights or entitlements that have been neglected. To properly assess your case, it is recommended that you seek the advice of a lawyer
. Until you do so, it's important that you make no commitment to your employer and avoid signing any documents provided to you upon termination.
Employers are not handcuffed to their employees. They are free to end the relationship "without cause" as long as they provide sufficient notice and follow all contractual and statutory obligations in doing so. If you have been terminated without cause, it is strongly recommended that you seek advice
from a lawyer to confirm that your termination was lawful and that you are receiving sufficient notice pay and other entitlements. The difference could be significant.
A good starting point is the most recent employment agreement and the termination letter (if any). In order to subtantiate and properly assess a case, the lawyer will require as much information as is necessary to understand the employment relationship.
It is always nice to see an employee come in to review an employment contract at the front end of the employment relationship. Your lawyer will advise you on the pros and cons of every offer and allow you to make an informed decision. Villeneuve Litigation offers two contract review options: (1) a contract review and verbal opinion for a flat fee of $150 (plus tax); or (2) a contract review and formal opinion letter for a flat fee of $250 (plus tax). Contact the firm for more details and to confirm the appropriate costs.
Firing an employee is both difficult and dangerous. Done right, the employer can protect itself against any resulting damage claims, but cannot avoid them in their entirety. The cards are weighed heavily in favour of the employee, so it's important that the employer do everything in its power to meet its contractual and statutory requirements. Villeneuve Litigation offers services in claim prevention including drafting the employment agreement, drafting the termination letter and attending the exit meeting.
They are not required, but they are recommended. Not having a contract creates uncertainty as to the employees rights on termination, lay-off, vacation, etc. Any uncertainty will be interpreted in favour of the employee. The difference could be devastating. For instance, in a wrongful termination case of a longstanding employee, notice would not be limited by the statutory minimum of eight weeks. That employee could be entitled to notice in the range of 8 months because there was no contract in place. Villeneuve Litigation offers customized employment agreements for $350 (plus tax). Contact the firm to discuss the details and confirm the costs.
Cause is not as discretionary as many employers assume it to be. Just because you think an employee is not "cutting it" doesn't substantiate a "for cause" dismissal, and the law creates a high threshold in determining cause. Employers often act hastily in assuming there is cause where there isn't. It is always best to seek the advice of a lawyer before terminating an employee. Your lawyer will assess whether cause exists and the pros and cons of proceeding in this manner.