Wrongful Dismissal

What is Wrongful Dismissal?

Last week, I discussed the First Rule of Employment Law and we learned tha you have the right to be terminated.  So how does a dismissal become wrongful?  It is wrongful if I failed to give you "reasonable notice".  I have to provide you with "reasonable" written notice or pay in lieu of notice.  Most employers give pay in lieu of notice. Remember, this discussion does NOT apply to unionized employees, certain employees with contracts of employment and human rights violations.  It also does not apply to employees that have been fired for misconduct.

"Reasonable notice" means, theoretically, the time it takes you to find a similar job. Relevant factors are your age, position, education, experience, length of service in the company and the employment situation in your area.

This means that the reasonable notice period for an older, educated vice?president who works in a specialized department and has been employed for 20 years will be much greater than that of an uneducated, young clerical worker who has been with the company for 3 years.

It is harder for an older person to get work.  Generally, after you are 25, the older you get, the longer your notice period.  Similarly, there are more jobs for lower?level positions. So, the higher up the management ladder you are, the more notice that you should get. Generally, when you sue for wrongful dismissal, you can sue only for the lack of reasonable notice.  You can't generally sue because they lied.  You also cannot get your job back.

Nor can you generally get anything because of the mental anguish of losing your job. There is always mental and financial stress when you lose your job.  However, as an employer has the right to terminate you, it does not make sense that they can be sued for doing what is within their rights.

On the other hand, if the way they terminated you was particularly harsh, they may be penalized by the courts.  For example, if they accuse you of theft and have no grounds for the accusation, they will likely have to pay more.

There is no formula for determining what is reasonable notice.  Lawyers and courts look at similar cases and try to pin down an acceptable range.  This takes a bit of time, and a lawyer will usually charge you to give you their opinion of a reasonable notice period for you. 

For the most part, wrongful dismissal is one thing: Did the employer give you enough notice (= pay you enough money) when you were terminated.  If not, you have been wrongfully dismissed.  If yes, you have nothing to do but go out and find another job.