Employees may be terminated from their employment in a variety of ways. If an employer has just cause to terminate an employee, this can be done without notice or severance. Such terminations are rare. In the event that an employer does not have just cause, the Employment Standards Act sets out the basic minimum notice period that must be given to that employee, or, in the absence of notice, the amount of severance that must be paid in lieu. However, depending on the employee’s:

• • Age;
  • Position held;
  • Length of employment; and
  • Responsibility within the workplace,

that employee may be entitled at common law to additional notice of their termination, or, alternatively, a higher severance than what is provided for by statute. This may also include employee benefits.

If you are have been terminated, our employment lawyers at Zacharias Vickers can provide you with experienced help to ensure that your employer has given you proper notice of your termination.

Each employment relationship is bound by contract, regardless of whether or not that contract is in writing. If your employer breaches or changes a material term of your employment contract, you may be constructively dismissed from your employment. Effectively, despite being technically employed, your employment contract is substantially different from what it was. As a result, you now have the option to claim against your employer for constructive dismissal. Common instances in which employees may find themselves constructively dismissed are when an employer:

• • Unilaterally reduces an employee’s work schedule;
  • Changes the nature of the employee’s work;
  • Demotes an employee; or
  • Withholds pay.

You are also protected by the Human Rights Code, which prohibits an employer from discriminating against you for, among other things, your race, sex, or any physical or psychological disability. Often employees are terminated because they have started a family or sustained an injury that interferes with their work schedule. In the event your work hours are reduced, or you are terminated for any of these reasons, you likely have a Human Rights claim for discrimination.

In assessing whether discrimination or a constructive dismissal has occurred, the court takes into account a number of factors specific to your employment relationship. If you think your employer has either constructively dismissed or discriminated against you, it is crucial that you contact one of our lawyers today to provide you with the assistance you need to protect your rights as an employee.

Whether your business is large or small, the employment lawyers at Zacharias Vickers have experience working with companies across a broad range of industries to provide tailored legal services specific to your business. We can help you address important aspects of the employee-employer relationship that are often overlooked by business owners.

Zacharias Vickers can help your business develop:  

• • Employment contracts that are relevant to your industry;
  • Sound hiring and termination practices;
  • Reasonable disciplinary procedures and termination strategies for difficult employees; and
  • Business practices that comply with applicable statutes such as the Employment Standards Act and the Human Rights Code.

If you own or operate a business, Zacharias Vickers can assist you with employee management strategies to protect your business from employment-related claims. Zacharias Vickers can provide you with the legal assistance you require to protect your business and manage your workforce. By being proactive and seeking the legal assistance of Zacharias Vickers early, you can save yourself significant economic hardship down the road.