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
- 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
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.