Unjust & Unfair Dismissal Lawyer In North York & Toronto
Has your employment been terminated, and you feel the circumstances are unfair or unjust? In Canada, any federally-regulated employee who has completed a minimum of 12 months of continuous employment with an employer is entitled to protection against unjust dismissal.
If you have concerns about the circumstances of your termination you have the right to be given a reason for your dismissal and file a complaint. It is always a good idea to contact an unfair dismissal lawyer when you have been terminated. An experienced unfair dismissal lawyer can help you to know your rights and take action when they have been breached.
Know Your Rights: Book Your Free 15-Minute Phone Consultation
Frequently Asked Questions About Unfair Dismissal
What is Unjust Dismissal?
Unfair dismissal can be caused by many different factors. The conditions of unfair dismissal will depend on many aspects of the work environment and your personal terms of employment. It is best to contact an unfair dismissal lawyer to discuss your exact situation.
Am I Protected From Unjust Dismissal?
If you have been employed by the same federally-regulated employer for a continuous 12 months, you are entitled to unjust dismissal protection. Mangers are excluded from these protections and should contact an employment lawyer to best understand their rights.
What Happens If I Have Been Unfairly Dismissed?
If you have been unfairly dismissed from your federally-regulated employment, you are entitled to file a complaint with a labour program office. It will be beneficial to consult an unfair dismissal lawyer to aid you in filing a complaint and representing you through the process.
If you are a provincially-regulated employee, you may be able to seek wrongful termination damages against your former employer and have all your benefits continued, which may be as long as 24 months. It is best for you to consult with an unfair dismissal lawyer to help you understand what your wrongful dismissal notice period entitlements may be and the best way to obtain your full entitlements through negotiations and, if necessary, by litigation before the appropriate courts or tribunals.
How Long Do I Have To Act?
Under the Canada Labour Code, as a federally regulated employee, you must file your complaint no later than 90 days after you have been dismissed. It is important that you act promptly to ensure you are able to defend your rights as an employee.
If you are considering filing a Human Rights application before a tribunal, the application must be filed within one year of the anniversary of when you knew or should have known that you had a possible human rights claim.
If you are a provincially regulated employee, you must remember that the statute of limitation for filing a case before the Superior Court of Justice is the 2 year anniversary of when you knew or should have known that you had a claim.
With all the different deadlines, it best to speak with an employment and labour lawyer at Soni Law Firm to know your specific deadlines so that you know how long you have to act.
How Long Does an Unfair Dismissal Case Take?
Whether you are considering taking action or are in the midst of an unfair dismissal case, you’ve likely wondered, how long does unfair dismissal case take to resolve? There is no set timeline for how long an unfair dismissal case can take though often cases are resolved somewhere near the six-month mark. In some instances, unfair dismissal cases can be lengthy taking more than two years to be resolved.
Why Soni Law Firm
Soni Law Firm is a boutique employment, labour, and human rights law litigation firm providing expert counsel for employees experiencing a dispute with their employer. We are a well-established firm with a strong track record and recognition before various courts and tribunals at the federal and provincial levels. Our team of top-rated employment, labour, and human rights lawyers bring you their expert knowledge and proven results to help rectify any situation.
Soni Law Firm is known as one of the best employment lawyers Toronto employees rely on. We know that workplace laws are always changing. It can be difficult to both understand and stay on top of your rights as an employee in Ontario. That is why you can rely on us to provide you with our expertise and experience in representing you.