In order to decide whether or not you’re eligible for a wrongful dismissal suit, we have to consider a few things. First, we need to start by looking at whether or not you have an employment contract in place. If you do, we need to see if there are any termination clauses in the employment contract that might determine what your entitlements are at the end of your employment. For example, employment contracts will often set out clauses that limit you to the Employment Standards Act minimums. In some cases you might have another agreement, maybe two or three weeks per year or more.

If you have an employment contract that’s completely silent or if you don’t have an employment contract in writing at all, it’s just a verbal agreement, we can then look at what’s called the Common Law. The Common Law sets out certain factors that the courts will look to determine what your entitlements may be. To decide whether or not you’re eligible for a wrongful dismissal lawsuit, it’s important to contact an employment lawyer to discuss the specifics of your case.

If you have any further questions, please feel free to contact us here at SBMB Law or visit our website.