Wrongful Dismissal — do I have a claim?
The Supreme Court of Canada has stated that the rights of employees are fundamental and that it is an important task of a court to protect them.
However, the law governing the relationship between employees and employers is complex and depends on many variables, which means that few lawyers have the skills to tackle the full spectrum of employment law related issues. However, speaking to an experienced lawyer may be very helpful to determine whether you have a claim, and how it can be addressed and by whom.
Important considerations include:
- Is your employment governed by federal law under the Canadian Charter of Rights and Freedoms and the Constitution Act?
- Is your employment governed by a collective agreement?
- Do you have a written contract of employment that sets out the key terms of your employment contract and the circumstances under which your contract of employment can be terminated and the notice and damages payable?
- Has your employer given you notice of termination and if so has your employer alleged cause for dismissal?
- Has your employer changed a key term of your employment, such as your wages or your hours?
- Has your employer described you as an independent contractor, however you work only for or primarily for that employer?
- Do you have reason to think that your employer has discriminated against you as a result of personal characteristics such as race or sex?
- Has your employer told you that you are laid off, failed to pay you on time or at all, taken unauthorized deductions or not paid you severance or vacation pay?
Legal claims for breach of employment contract are subject to many strict time limits. Do not delay and seek advice in order to protect your rights!
