Mississauga Termination Lawyer
Termination of employment can be done by the employee by resignation, or by the employer firing the employee.
An employee wishing to terminate employment should have a full understanding of what they are entitled to upon termination, in terms of pay. A resignation should be carefully drafted, and set out the list of appropriate requests of the employer.
Termination by the employer is either immediately justified (“for cause”) or a planned departure (“without cause”).
To terminate an employee in Ontario "without cause" is not illegal. "Without cause" means that the employer merely wishes to bring the employment agreement to an end. Perhaps the company has been sold, has been restructured, the function that an employee was performing is no longer needed, or the company decided that the function will be performed differently, such as outsourced to a supplier.
What Termination "For Cause" Means in Employment Law
To terminate an employee for cause requires justification by the employer that the relationship of trust between the employee and employer has been broken.
Allegations of theft, dishonesty, or irreconcilable insult to the employee relationship is required. These are complicated concepts, and there is a strict technical requirement before a court will find that there were grounds for firing for cause.
Just because an employer says it is "for cause," does not mean that a court would find this, and does not mean that it cannot be negotiated to a fair and balanced resolution. Often, negotiation and mediation will allow the employee to leave with dignity and additional pay.
The phrase “Notice Period” is an employment law concept where the employer must allow the employee a reasonable time to seek alternative employment, or if the employees services are brought to an end, must still pay the employee what would have been reasonable notice.
The Employment Standards Act sets out minimum notice periods, but that is not the law. The law says these notice periods must be reasonable. Reasonable depends on many factors, including length of employment, age of the employee, skills and experience of the employee, and often other factors. Only an experienced and professional employment lawyer can evaluate a proper notice.
To understand fully your situation, you should speak with and get legal advice from a Mississauga employment lawyer at DeRusha Law Firm. Arrange a free consultation.