Windsor-Essex County Employment Lawyers Representing Employers in Wrongful Dismissal Claims
Wrongful dismissal or termination occurs when an employer fails to provide an employee adequate notice (or pay in lieu thereof). A dismissal is also wrongful if the employer alleges just cause. Wrongful dismissal claims can substantially impact an employer’s business, both financially and operationally.
Willis Business Law has developed long-lasting relationships with employers throughout Windsor-Essex County by providing effective, pragmatic employment law advice on wrongful dismissal. Backed by its extensive employment and business law experience, the firm offers skilled representation to employers facing legal action for wrongful dismissal.
The employment lawyers at Willis Business Law also help employers take proactive steps to mitigate the risk of wrongful dismissal claims by creating robust, comprehensive employment contracts, workplace policies, and HR procedures.
“For Cause” Dismissals in Ontario
By law, employees who are dismissed “for cause” are not entitled to a notice period or pay in lieu thereof. Dismissing an employee for cause requires careful consideration and documentation to avoid liability for wrongful dismissal. Performance issues, or even some forms of misconduct, may not be sufficient to allege just cause for dismissal. Instead, the employee’s behaviour must be so serious that it undermines the employer-employee relationship.
When terminating an employee for cause, employers must ensure they have provided the employee with remedial options to address problems as much as possible. Employee misconduct must be addressed through well-documented progressive discipline, with each infraction being communicated to the employee with increased disciplinary response.
Constructive Dismissal
Aside from outright termination, employers must take care that the working relationship itself does not give rise to a claim for constructive dismissal, which is another form of wrongful dismissal. Constructive dismissal occurs when an employee has effectively been forced to quit their position through unilateral changes to the terms of their employment contract.
Constructive dismissal may occur through a demotion of the employee’s position or seniority or when the working relationship is poisoned by workplace harassment or threats of dismissal or demotion.
Proactive Employment Law Services for Ontario Employers
Consulting with an experienced employment law lawyer helps employers properly document disciplinary, operational, and staffing decisions to mitigate the risk of wrongful or constructive dismissal claims. A skilled employment lawyer can also ensure employee concerns are addressed effectively through comprehensive workplace investigations to avoid employee resignation (and related allegations of wrongful dismissal).
Willis Business Law provides comprehensive, forward-thinking employment law services at all stages of the employment relationship. The firm drafts pragmatic workplace and HR policies and procedures regarding discipline, safe workplace requirements, and employee complaints. Willis Business Law also provides skilled representation in negotiations and the litigation process when disputes arise.
Willis Business Law Provides Strategic Advice on Wrongful Dismissal Claims in Windsor-Essex County
The employment law landscape in Ontario is complex and ever-changing. As part of its comprehensive business and employment law services, Willis Business Law provides proactive, trusted advice to employers on wrongful dismissal claims. The firm’s knowledgeable employment law group helps employers mitigate risk and preserve their rights and financial interests at any stage of the employment relationship; before, during, and after a dispute.
Willis Business Law is conveniently located in the heart of Windsor, near key buildings such as the court house and government offices. The firm provides innovative, responsive services to clients throughout Amherstburg, Essex, Kingsville, Lakeshore, LaSalle, Leamington, Pelee Island, Tecumseh, Chatham-Kent, and Sarnia. To speak with a knowledgeable employment lawyer or schedule a confidential consultation, please call 519-945-5470 or contact us online.
