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1. Have a general understanding of your rights as an employee
Employers are not “handcuffed” to their employees. As long as the employee is given sufficient notice or pay instead of notice of his or her pending termination, the employer can terminate the relationship. There is a presumed misconception that COVID-19 allows some employers to terminate the employment relationship without notice or pay in lieu thereof. This makes senior & high paid employees the most prominent target.
2. Get your contract reviewed
Ontario has two main avenues in determining notice of termination of employment. The first is based on the lawful contract between the parties. The second is based on common law. If the contract is lawful and sets out sufficient notice, the employer may terminate the relationship by providing either meeting or exceeding what’s in the contract.
It would be best if you had a lawyer review your contract either way. In glancing at your contract, you should look to answer the following questions:
3. Contact a reputable employment lawyer
Lawyers, rightly so, are predicting a significant uptick in employment cases soon. It should not be a surprise to see several advertisements for employment consults and representation. It can be difficult to navigate which lawyers can meet the test and which may be taking advantage of this uptick. When trying to find a good employment lawyer, you should focus on the following:
4. Ensure your Family's Well-being
The Federal and Ontario government have developed programs for employees laid off due to COVID-19. You should reach out to the proper bodies to determine what you are eligible for during these challenging times. Your priority should be sustainability. Note that your termination notice pay may be deducted from any benefits received by the government.
5. Let your lawyer do his/her job while you look for another one
Once you have chosen the right lawyer, you can rest assured that everything will be done to ensure your compensation. A good lawyer will be able to let you know the pros and cons of proceeding with an action. If your legal costs are likely to exceed your settlement, they may suggest you simply move on and find another job, or they may take on a portion of your claim only.
In Ontario, you’re obligated to mitigate your damages as much as possible. This means that you should be looking for a new job, assuming you are able to work. The earlier you start, the least likely you are to be docked a portion of your settlement for failure to mitigate. Keep track of the available jobs in your area. Note and document your applications and the status of each.
Let's talk about your case
You can schedule a call with one of our lawyers anytime. Call today and get the help you need.
Or fill out our online form, and we will respond within 24 hrs.
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