Wrongful Dismissal Lawyer

Ball Professional Corporation represents individuals who have been unfairly terminated from their jobs
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Wrongful Dismissal Lawyer Your Can Trust

Have you been recently terminated from your job? You are in need of an employment lawyer in Toronto. This happens to almost everyone at some point in their lives, but that does not make it any less stressful or frustrating. It is important to contact a legal professional who can tell you whether the termination was legal or if it is a case of a wrongful dismissal claim. Wrongful dismissal claims can take many different forms. For example:

  • If your employer terminated you without cause, and they are refusing to give you reasonable notice.
  • If your employer is claiming there is just cause to fire you, but you disagree with their reasons.
  • If your employer has changed some part of an employee’s job description so that you’re not even doing the work you agreed to do (see Constructive Dismissal).

Being fired is always difficult. Trust the experts at Ball Professional Corporation to protect your legal rights and help you move on to new and better opportunities.

TYPES OF WRONGFUL DISMISSAL CASES – EMPLOYMENT LAWYERS TORONTO

Wrongful Termination: Unjustice

Unjust dismissal is a special remedy from the Canada Labour Code that may be available if you are both a (a) federally regulated employee and (b) non-unionized employee who has been wrongfully dismissed. Common industries include airlines, banks, and railways. The point is to protect you from arbitrary if wrongful dismissal occurs. Your employer either has to have a valid reason to terminate you or there must be a discontinuance of the job function.

Unjust dismissal is a powerful remedy that is not available in every employment situation. If you believe your employer has terminated you without good reason, don’t delay and contact Ball Professional Corporation. Our experts can advise you on whether you should proceed with adjudication under the Canada Labour Code or you should begin a wrongful dismissal lawsuit.

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 a severance package or pay upon job termination Common behaviors that might count as gross misconduct include theft, fraud and violence.

If you disagree with your former employer’s reasons and think you are being treated or wrongfully dismissed 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.

Sexual Harassment

Everyone deserves a workplace free of harassment, including sexual harassment. Unfortunately, sexual harassment is still extremely common in the workplace. Sexual harassment can range from verbal comments to touching to sexual assault. If you have experienced any form of sexual harassment, you should speak to us about your options. Employers are supposed to develop policies to protect workers against sexual harassment, but oftentimes the policies are either not strong enough or they are ignored completely.

If you have experienced sexual harassment in the workplace, contact Ball Professional Corporation for assistance. We can help you file a Human Rights Complaint or pursue a legal action or a civil lawsuit for a tort like assault or constructive or wrongful dismissal case. You have options and we can help you choose the best one that compensates you for the harassment you suffered and that lets you move forward in your job and in your life.

Wrongful Dismissal Clauses

Employers often try to include termination clauses in their employment agreements. If a termination clause is enforceable, it will limit the amount of “reasonable notice” and compensation 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 proper 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 to help fight the termination clause after the fact, all our experienced lawyers are here to help.

Reasonable Notice

In Ontario, most employees can be terminated “without cause”. This means that for some reason or another, your employer has decided to let you go. When this happens, your employee has to provide you with the appropriate amount of “notice” or “pay in lieu of notice.” For example, you could receive 4 weeks of “notice” or 4 weeks of “pay in lieu of notice”, so you don’t actually need to keep coming into work for those 4 weeks. The amount depends on many factors, and it’s important because it will also affect any “severance” that you may receive.

Everyone is entitled to the minimum notice provided by the Employment Standards Act. Knowing this, employers often try to limit the amount of reasonable notice to this minimum, so they do not need to provide the common law notice period, which can be much higher. You may be entitled to more than you are told, and we at Ball Professional Corporation can help you tell. Contact us if you are signing an employment agreement, where we can review any termination clause, or if you have been recently terminated and want to make sure you are being properly compensated.

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 various factors: the length of the restriction, how much notice was, 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.

Handling Wrongful Dismissal Claims For You

If your former employer has significantly changed the terms or conditions of your job, you may have experienced a constructive dismissal. Examples of changes include changes to your compensation, your title, your job duties, your office location or the hours that you work. By changing some aspect of your job, the employer has essentially terminated your employment relationship with you.

Constructive dismissal is a type of wrongful dismissal. You may be eligible for damages if this happens to you, or our wrongful dismissal lawyers can help to negotiate an exit or a severance pay package that fairly reflects your situation. Don’t delay in contacting Contact Ball Professional Corporation to help determine whether you have been constructively dismissed.

CONSULTATIONS

Canadian Employment Law

Canadian Employment Law

Mr. Ball is the author of the authoritative and definitive text Canadian Employment Law, published by Canada Law Book (a division of Thomson Reuters). The text is used and cited by lawyers, law schools and judges across Canada.

To order Mr. Ball’s Canadian Employment Law, please visit the Carswell Store by clicking here or on the button below.

CLIENT REVIEWS

Google Reviews

Beijia Zhang
Beijia Zhang
21:41 09 Apr 23
Stacy helped me with my case with my previous employer. I have to say that Stacy is the best lawyer I ever met. He worked incredibly hard on my case and helped me fight over the wrongful dismissal, eventually he solved my issue and we settled at a very good deal. I was super impressed by his professionalism and integrity, plus he has passion towards what he is doing. Stacy is the best of all! One of a kind!!!!!!!!
R Cooray
R Cooray
19:11 04 May 23
Stacey and his amazing team did a fantastic job with my case. Their professionalism and many years of experience helped me to settle my case. Stacey has written some of Canadian employment law. I would highly recommend to anyone to seek advise before signing any documents.
Marion Gordon
Marion Gordon
10:27 13 Jul 23
Stacey Ball fought hard in my wrongful dismissal case and we came out ahead. I am very happy with him and his team. I strongly recommend him if you have a wrongful dismissal case.
Wilma Carlson
Wilma Carlson
17:43 07 Jul 23
Stacey's professionalism and strong communication skills helped me feel informed and reassured throughout the entire process. Thanks to his tenacity and unwavering support, I achieved a successful outcome that I am truly grateful for.
Sharon Smerek
Sharon Smerek
18:28 14 Jun 23
Stacey R. Ball has bar admittance in British Columbia, Alberta, and Ontario. Will give excellent advice, and if you have a case , he will proceed on your behalf . Stacey Ball is known as the best employment lawyer across Canada.
PATRYK Szpindler
PATRYK Szpindler
11:22 03 Oct 23
Working with Stacey Ball was the best decision for my employment-related case. He was responsive to my questions, addressed all my concerns promptly and, most importantly, secured a fair resolution. Thanks again!!
Pilar M
Pilar M
11:19 03 Oct 23
Stacey R. Ball and his team represented me in my wrongful dismissal case. They exhibited a solid grasp of employment law and guided me through the legal proceedings. They were very diligent, especially in updating me on the status of my case. I really appreciate what they've done for me.
Hanan Wahib
Hanan Wahib
15:16 22 Jan 24
I am very grateful for the outstanding job that Stacy Ball and his team have done.. I want to thank you Stacy for your exceptional professional expertise and unwavering support throughout my case. Your dedication, knowledge, and genuine compassion made a significant impact on the positive outcome.I am grateful to have encountered you both as a lawyer and as a person of great humanity.
Lisa Joslin
Lisa Joslin
20:07 30 Jan 24
I had the pleasure of working with Stacey Ball and his assistants. From the start to the finish, my experience with them was nothing short of outstanding.Stacey possesses an in-depth knowledge of employment laws and regulations. His expertise was evident as he navigated through my case. He took the time to understand my situation, ensuring that I felt heard, understood, and supported throughout the entire process.Communication was clear, prompt, and thorough, making a stressful situation more manageable.I highly recommend Stacey R Ball for anyone seeking expert employment law guidance. Overall, my experience was exceptional, and I am so very grateful for the positive resolution.
sean hogue
sean hogue
22:05 30 Jan 24
I recently used Stacey to resolve an employment issue and was very pleased with the result. This is the second time I've engaged his services over the years. Stacey is the consummate professional, extremely knowledgeable and I'm thankful for his skillful representation. I have also recommended Stacey to others who have experienced the same results.
Melanie Kirkpatrick
Melanie Kirkpatrick
17:34 04 Apr 24
I would highly recommend Stacey Ball. If you're seeking an employment lawyer who is not only highly skilled but also genuinely cares about their clients, look no further than Stacey Ball. He is simply the best in the business!I must also applaud his outstanding assistant, Amy. With Amy's proactive communication, together, they form an unbeatable team!
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