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Last Updated on January 11, 2025
The employer/employee relationship can be a tenuous one at best. Things are mostly fine, but things can get dicey when there is a disagreement or, god forbid, termination. The hope is that you will never need an employment lawyer, but the time may come when you have no choice.
That said, the employer may not have been able to rightfully terminate you. If you think you may have been the subject of wrongful termination, there are a few signs to look for. Here are the top five indicators that you may have been wrongfully dismissed from your position.
What This Article Covers
- Understanding Reasonable Notice: Learn why employers must provide reasonable notice before terminating employment and how to identify violations.
- Recognizing Discrimination: Explore how discrimination in the workplace can lead to wrongful termination and your right to file a complaint.
- Threat of Reprisal: If dismissed for raising concerns about workplace violations or unsafe conditions, understand your rights.
- Contractual Obligations: Discover the importance of compliant termination clauses in employment contracts and how they protect you.
- Handling Immediate Signing Requests: Learn why you should never sign termination documents without sufficient time for review and legal counsel.
- Key Indicators of Wrongful Termination: Identify the top signs that suggest your dismissal may have been unlawful.
- Legal Protections for Employees: Gain insight into laws and acts that safeguard employee rights during termination.
- When to Contact an Employment Lawyer: Understand when it’s necessary to seek legal advice to challenge a wrongful termination.
1. Lack of Notice
There are more than a few obligations on the employer’s part regarding termination. Being able to recognize those signs is a crucial part of battling back against that employer. The first sign has to do with reasonable notice.
Your employer must provide you with reasonable notice up until the final day of work. Depending on where you work and your position, the length of your service may also potentially influence the amount of notice required on the employer’s part.
Most companies will either have a face-to-face meeting or provide written notice regarding the termination. If you were terminated without sufficient notice – especially in a same-day type of scenario – then there may be grounds to dispute the termination.
2. Discrimination
As sad as it is, discrimination still happens regularly. If you think you may be the subject of discrimination, the only real path may be
There is a rights code in place that protects employees from unjust harassment and discrimination, especially when it comes to employment. An employer cannot dismiss someone without the proper legal grounds unless it comes within a designated probationary period.
When terminated, the employer must prove that the decision was based only on performance. If there is any evidence that it was the result of disability, sex, or race, a complaint can be filed with the aforementioned rights commission.
3. Threat of Reprisal
The rights of workers in Canada and elsewhere have come a long way in a relatively short period of time. Some things used to be considered legal, and that would result in a business being shut down immediately.
Employees are legally due adequate breaks, a safe working environment, and safe working hours, among other things. The employers are not allowed to deny these for any reason; it is a violation if they do.
If you have been dismissed directly due to informing the employer that these rights have been ignored, it could lead to a potential overturning of the termination. Depending on what was denied, it could potentially lead to a lawsuit.
4. Improper Contractual Obligations
When you sign on with a company, you sign an employment contract. The ones we are most familiar with basically outline that nothing will be done to put the company in a bad light, that rules and obligations will be followed, and so on.
However, that contract’s termination clause must comply with the rules outlined under Canada’s Employment Standards Act. This act is in place solely to specify employer and employee requirements.
Should any of those obligations not be met – or unreasonable obligations be inserted into the contract – these can be pointed to as grounds for unreasonable termination. However, the language can get tricky, so having an employment law expert on your side is important.
5. Asking You to Sign Immediately
There may be a scenario where your employer offers a termination and requires you to sign it on that day. It is of the utmost importance that you do not sign anything in front of you on that short notice without talking to a lawyer first.
You are entitled to request a week to review all of the specifics within the termination package. The employer is not allowed to pressure you into signing anything, and if they do, it could be deemed that the termination is invalid.
Should this happen, there is a very real chance that you may be entitled to additional compensation. The employer must give you time to review the package, allowing you to speak to your attorney if you feel that you may be being wrongfully terminated. The distinction can be fine, and it helps to have a professional on your side.
Next Steps
- Consult an Employment Lawyer: Seek legal advice to understand your rights and assess the validity of your wrongful termination claim. Learn more.
- Gather Evidence: Collect all relevant documents, emails, and records supporting your wrongful dismissal case. Read about the process.
- File a Complaint with the EEOC: If discrimination is involved, consider filing a complaint with the Equal Employment Opportunity Commission. Understand your options.
- Review Your Employment Contract: Examine your contract to identify any breaches or violations by your employer.
- Document All Communications: Keep detailed records of all interactions with your employer related to your termination. Follow these steps.
- Consider Alternative Dispute Resolution: Explore mediation or arbitration as potential avenues to resolve your dispute without litigation. Learn about your options.
- Seek Emotional Support: Address the emotional impact of wrongful termination by connecting with support groups or counselors. Find support resources.
Summary
Navigating the complexities of wrongful termination can be overwhelming, but understanding your rights and taking proactive steps can make a significant difference. By recognizing key indicators and seeking appropriate legal guidance, you can protect yourself and potentially secure the compensation or resolution you deserve.
Remember, staying informed and maintaining a professional approach are essential to achieving a fair outcome. Whether through mediation, filing a complaint, or pursuing legal action, there are pathways to address your concerns and hold employers accountable for unjust practices.
