WRONGFUL DISMISSAL LAWYER IN TORONTO

Types of Cases – Employment Lawyers Toronto

Just Cause For Dismissal

It is a serious situation if your employer has fired you for “just cause”. When an employer terminates an employee for “just cause”, they are claiming they have a legitimate reason to terminate them. Basically, they need to show some proof of “gross misconduct”. This is a big deal, because an employee who is legitimately fired for “just cause” is not entitled to any termination or severance pay. Common behaviors that might count as gross misconduct include theft, fraud and violence.

If you disagree with your employer’s reasons and think you are being treated unfairly, contact the professionals at Ball Professional Corporation. We can help you to challenge the termination if your work behavior did not warrant being terminated for “just cause”, the capital punishment of employment law.

Termination Clauses

Employers often try to include termination clauses in your employment agreement. If a termination clause is enforceable, it will limit the amount of “reasonable notice” that you receive if you are terminated. Many employees accept these termination clauses at face value, which comes back to bite them if they are ever fired. Look out for your best interests and consult with Ball Professional Corporation before you make the same mistake!

If a termination clause is not enforceable, you may be entitled to the notice period that is calculated according to the common law. This amount is usually much higher. Whether you are signing a new contract and you want advice on the enforceability of a termination clause, or you have been terminated and you want help fighting the termination clause after the fact, we are here to help.

Non-Competition / Non-Solicitation

If you are signing an employment contract, you may find that it contains a Non-Competition or Non –Solicitation clause. An employer may even want you to sign a separate Non-Competition or Non-Solicitation Agreement. This is quite common, but that doesn’t mean you should take it lightly! Non-Competition clauses or agreements prevent employees from working with an employer’s competitor for a specific period of time. In other words, it may prevent you from finding work after you have moved on. This can be a real problem that causes lots of stress, especially if you work in a specialized field with few job opportunities that are physically close to you.

Non-Solicitation clauses or agreements are similar, but they try to prevent departing employees from poaching former customers, clients, suppliers or coworkers. These types of agreements are legal if they are “reasonable”. To decide whether an agreement is reasonable, courts will consider the length of the restriction, the geographic scope and whether the restriction was even clear. Contact Ball Professional Corporation for advice if you are being asked to sign a non-competition or non-solicitation agreement. It could have a big impact on your future career prospects, so please don’t hesitate to reach out.

Employment litigation can be extremely complex area of labour law. Professional legal advice should be sought at an early stage to help you win your case. If you require legal advice and assistance in an employment matter, please contact the experts at Ball Professional Corporation.