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Attorney Matt Lalande

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FAQ

Wrongful Dismissal Lawyer in St. Catharines, Ontario

Dealing with the loss of a job is difficult. This is especially true if the dismissal was carried out under questionable conditions. If this happened to you, turn to a wrongful dismissal lawyer in St. Catharines. Lalande & Company Lawyers have a strong reputation aiding anyone with employment issues. Let us help you seek just compensation and the peace of mind you rightly deserve. We have extensive experience in  employment law, including assisting employees who have been wrongfully dismissed. Our clients have obtained substantial settlements from employers who forced them to leave without following the legally established process. The exact definition of wrongful dismissal may easily be misconstrued by many.  If you have doubts about filing suit in St. Catharines, a wrongful dismissal lawyer can clarify matters for you. Consult Lalande & Company Lawyers we offer free consultations and are available 24/7.

Wrongful Dismissal – is this termination pay?

Damages for wrongful dismissal is not termination pay. Termination pay is the minimum amount of pay that your employer must pay you when  set out by the Ministry of Labor. Wrongful Dismissal is a legal term used to identify that there has been a breach of contract (implied or explicit) by the employer, without that employer providing enough payment in lieu of notice. Every employer has the fundamental right to end the employment relationship, but that employer must do so upon providing the appropriate amount of payment to that terminated employee – which is sometimes more than minimum amount required by the Ministry of Labor.

There is no precise method to determine the period of reasonable notice required for termination of employment. A court will generally look as factors such as the character of your employment, your length of service, your age, and the availability of similar employment, having regard to your experience, training and qualifications.

Termination Pay vs. Severance Pay

During the notice period, an employer must continually pay employee benefits (e.g. wages, insurance, paid leave, and so on). The employer, however, can waive notice if they provide the employee with compensatory, appropriate termination pay. It is usually a lump sum payment that “stands in” for wages the employee would have received while working during the notice period.

Severance pay and termination pay are not interchangeable.

Termination pay as legislated under the Employment Standards Act is the absolute minimums that an employer has to pay an employee upon termination in lieu of notice.  Any Ontario employee is entitled to notice of his or her termination (or termination pay instead of notice) if they have worked for the employer for more than three months in the amounts set out below:

  • Less than three months, no notice is necessary
  • More than three months (but less than one year) – one week’s notice
  • More than one year (but less than three years) – two weeks’ notice
  • More than three years (but less than four years) – three weeks’ notice
  • More than four years (but less than five years) – four weeks’ notice
  • More than five years (but less than six years) – five weeks’ notice
  • More than six years (but less than seven years) – six weeks’ notice
  • More than seven years (but less than eight years) – seven weeks’ notice
  • Eight years or more – eight weeks’ notice

While termination pay is payment received in lieu of notice, severance pay is applicable only in two specific circumstances:

  • the employee has an annual payroll of at least 2.5 million
  • at least 50 employees were terminated in six months or less due to downsizing or permanent closure of the company

Employees can receive severance pay if they have worked for the company for five years or more. If you are entitled to a claim, a wrongful dismissal lawyer will help you with the paperwork and complications.

Have you been terminated unfairly? Get in Touch with a St. Catharines Wrongful Dismissal Lawyer Today

If you have been terminated after spending a significant amount of years with your employer, please contact a St. Catharines wrongful dismissal lawyer at Lalande & Company without delay. Seek the assistance of a St. Catharines wrongful dismissal to make sure you receive the compensation due you. Lalande & Company Lawyers is available for you 24/7. To arrange a consultation, call us at 905-333-8888 or speak to our live chat consultant who will help set up an appointment at our earliest possible convenience.

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