Wrongful Dismissal / Without cause
What is wrongful dismissal?
Wrongful dismissal covers many different situations. If an executive or manager has lost their job for any reason other than a legitimate one, then they have been wrongfully dismissed. Circumstances for wrongful dismissal can include (but are not limited to):
- False accusations
- Age discrimination
- Any kind of discrimination
- Harassment
- Being told your position has been eliminated when it has not
- Being terminated when younger or less qualified employees have been kept on
- Being forced to quit through inappropriate working conditions
- Being recruited and then dismissed within a short period of time.
Wrongful dismissal can take many forms. If you have been forced to quit rather than be dismissed outright, this is known as constructive dismissal. If you have been dismissed for a legitimate legal reason that is not factually true, this is wrongful dismissal.
As with many areas of dismissal, there are a number of circumstances under which wrongful dismissal have very short delays for you to file a claim. It is important for you to get legal advice from a wrongful dismissal lawyer immediately, and to relay all the information they need to give you an assessment.
Your Expert Labour and Employment Lawyers for Wrongfull Dismissal or Without cause in Montreal, Laval and West Island
Recruitment
If you are an executive or manager who was recruited for a role and then told within a short period of time that your position was abolished or would not come into effect as the direction of the company has changed, or you were dismissed outright, then you have a case for wrongful dismissal. The nature of the recruitment and then dismissal (or abolished position) is like a bait and switch. So, regardless of the fact that you only worked at that company for a short period of time, the recruitment may open up a door to a substantive remedy.
What to do in case of Wrongful Dismissal
No matter what type of dismissal you have been subjected to, you have rights under the law and you should consult a wrongful dismissal lawyer. A wrongful dismissal lawyer can help you with financial compensation and possibly either reintegration or forcing your employer to help you find a new job. There are a number of remedies available to you, but some circumstances have extremely short delays before you lose legal claim.
Termination Without Cause in Quebec
Termination without cause refers to the situation where an employer terminates an employee’s employment for reasons other than misconduct or performance issues. In Quebec, employers have the right to terminate an employee without cause; however, they must adhere to certain legal requirements outlined in the ALS, including notice periods and severance pay provisions.
Employee Rights in Wrongful Dismissal Cases
Employees facing wrongful dismissal in Quebec have certain rights and entitlements that they should be aware of. These rights include:
- Notice Period: In cases of termination without cause, employers must provide employees with a notice period. The length of the notice period depends on the employee’s length of service, as outlined in the ALS. Alternatively, employers can offer pay in lieu of notice.
- Severance Pay: Employees who have completed two or more years of continuous employment with the same employer may be entitled to severance pay. The amount of severance pay is determined based on the employee’s length of service and average weekly wages.
- Mitigation of Damages: Employees have a duty to mitigate their damages by actively seeking new employment during the notice period. If an employee finds new employment, their entitlement to severance pay may be reduced.
Legal Recourse for Wrongful Dismissal
Employees who believe they have been wrongfully dismissed in Quebec have the right to seek legal recourse. The following legal options are available:
- Filing a Complaint: Employees can file a complaint with the Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST), which is responsible for enforcing the ALS. The CNESST will investigate the complaint and may mediate a resolution or initiate legal proceedings on behalf of the employee.
- Lawsuit: Employees also have the option to file a lawsuit against their former employer for wrongful dismissal. In such cases, it is advisable to seek legal representation from an employment lawyer specializing in wrongful dismissal cases.
FAQs
OLS Avocats en droit du travail/Labour and Employment Lawyers
2015 Peel Street Suite 950, Montreal
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I want to give a huge shoutout to Jeremy, my labour lawyer, for helping me win my case against my former employer. Jeremy was authentic in his communication and always honest about the strengths and weaknesses of my case, which I appreciated … More immensely.
Throughout the entire process, Jeremy was incredibly professional and knowledgeable. He kept me updated every step of the way and made sure I understood everything that was going on.
Jeremy's communication skills are top-notch. He always explained everything in a way that was easy to understand and was patient with my questions. I felt like he genuinely cared about my case and was always fighting for my best interests.
Thanks to Jeremy's hard work and dedication, I was able to receive the compensation I deserved and move on from my past employer. I highly recommend Jeremy's services to anyone in need of a labour lawyer. If you're looking for someone who is authentic, honest, and dedicated to their clients, look no further than Jeremy. -
Jeremy Little is the most trustworthy and empathetic employment lawyer I had the pleasure to work with. From the moment you have the first call with him to the moment you reach conclusion and satisfying results, you will feel that the journey … More couldn’t have been more smoother. You will feel you’re defended and protected against the largest firms in the world.
I also appreciated Jeremy’s hands-off approach which meant that as long as you gave him the most amount of evidence and documentation, and he knew the case was strong based on the evidence, he would be drafting and sending all the necessary letters without any verification or concerns on your end. I’ve only seen samples of his work, but I can tell you, without any doubt, he knows his craft and knows how to reach the best settlement.
So if you’re looking for a top-notch employment lawyer in Quebec, look no further than Jeremy H Little. -
They are super competent and highly professional more specifically Mt Jeremy Little who went above and beyond by giving me the necessary recommendations that saved me time,money and energy.
I definitely recommend Mr Jeremy Little services,and … More please consider yourself lucky if he accepted to take your case. -
I contacted OLS regarding a recent severance package I received, not having any experience in this area I contacted a professional. I was incredibly impressed with Jeremy, who is a self-described frank and honest person. He gave it to me … More straight, and it was incredibly easy for me to understand. He made something that I found stressful and complicated, into something straight-forward and simple. I'd highly recommend reaching out to OLS.
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Exellent work with Jérémy H. Little who has great experience and spot on advises. Most important, he is a lawyer with conscience.
