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Difference between revisions of "If You Are Fired: Wrongful Dismissal"
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If You Are Fired: Wrongful Dismissal (view source)
Revision as of 18:00, 23 October 2017
, 18:00, 23 October 2017→A guide to how much notice and pay
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==A guide to how much notice and pay== | ==A guide to how much notice and pay== | ||
The ''Employment Standards Act'' sets the following minimum amounts for notice (or pay instead of notice, called compensation for length of service) that must be given to an employee dismissed without just cause. If you have worked less than 3 months in a row, the Act does not require any notice or pay. But if you have worked for at least: | The ''Employment Standards Act'' sets the following minimum amounts for notice (or pay instead of notice, called ''compensation for length of service'') that must be given to an employee dismissed without just cause. If you have worked less than 3 months in a row, the Act does not require any notice or pay. But if you have worked for at least: | ||
* 3 months in a row, you get at least 1 week’s notice or pay | * 3 months in a row, you get at least 1 week’s notice or pay | ||
* 12 months in a row, you get at least 2 weeks’ notice or pay | * 12 months in a row, you get at least 2 weeks’ notice or pay | ||
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Can you sue for more? | Can you sue for more? | ||
Yes, you can sue for breach of contract but there’s no guarantee you’ll win. The notice and pay amounts under the Act are minimums and you may be entitled to more under the law of contract. For example, if you worked six years, you are entitled to six weeks’ notice or pay under the Act, but you may be entitled to much more. Courts have awarded between 9 and 18 months of severance pay in many cases. Very senior and long-serving executives have received up to two years’ severance pay. | Yes, you can sue for breach of contract but there’s no guarantee you’ll win. The notice and pay amounts under the Act are minimums and you may be entitled to more under the law of contract. For example, if you worked six years, you are entitled to six weeks’ notice or pay under the Act, but you may be entitled to much more. Courts have awarded between 9 and 18 months of severance pay in many cases. Very senior and long-serving executives have received up to two years’ severance pay. | ||
==Time limit for suing and filing a claim under the Act== | ==Time limit for suing and filing a claim under the Act== | ||
