Wrongful Dismissal Lawyer
Serving Scarborough, Toronto, Markham & the GTA
The most common type of dismissal or termination is dismissal without just cause. That is, when an employer decides to terminate an employee without any legally justifiable reason. The law generally allows an employer to terminate an employee without just cause so long as the employer provides appropriate reasonable notice or pay in lieu of reasonable notice.
Sometimes, an enforceable employment contract or company policy sets out the terms of the notice period in the event of a termination without just cause. Absent a legally enforceable employment agreement or policies, and to determine a reasonable notice period, or a fair and reasonable time to find other comparable employment, courts generally consider:
The age of the employee;
Length of service;
The type of position held;
The availability of similar or comparable employment.
Courts may consider other relevant factors to determine a reasonable notice period. Employment contracts and policies may or may not be enforceable. As such, it is prudent to have your individual circumstances assessed to determine whether you have been treated in a fair and reasonable manner, according to law.