Legal Question in Employment Law in Canada

wrongful termination

i believe i was terminated due to a personal vendetta against me.i was assualt at work and the lady who assualt me was kept ,i was fired she has been trying to steel my job for awhile i have witnessess i work with that she tryed to get them all to email head office with phony complaints about me.they refused except 2 of them.the last word of my firing comes from my head t.m manager who has a personal problem with me becuase i accidenlty stumbled on some illegal stuff she was doing in the company and she is being investigated for it.she told me on the phone that i get what i deserve because i put her job on the line.is this not illegal.i was recently promoted and do my work well.they have no bad work records on me.


Asked on 12/20/07, 11:44 am

1 Answer from Attorneys

Re: wrongful termination

You must consider that an employer can always fire an employee.

At law, the only thing you are entitled to is "notice" or payment in place of notice.

In your situation, the first thing to do is find another job as soon as possible. You have to ensure that you are not increasing your own losses due to the termination (this is called "mitigating" your loss).

Next to consider is this: how long have you worked for the company?

Under provincial employment law, there are legal standards for the notice or notice pay you must receive upon termination. Usually this kicks in after one year of employment, and the formula tends to be one week of notice or notice pay for every year of employment.

If one can show that the termination was done in bad faith, or for no cause, you may be entitled to more money. Depending on your individual circumstances, you may be able to get up to one month notice for every year worked. This, however, is really based on the individual, specific facts of your case.

The best thing to do is contact a local lawyer and discuss. If you did not work at the company for very long, there is almost no point in pursuing legal action - because the time and money is not worth it.

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Answered on 12/20/07, 11:59 am


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