Category: Employment Law

Losing a job is devastating. It means loss of income and having to try to find a new job; it can also place incredible stress on individuals and their families. Dismissed employees can also experience a tarnished reputation and loss of professional relationships.

Perhaps the only thing that can make this situation more upsetting is feeling that the dismissal was wrongful. But how do you know if your termination was wrongful?

Notice and or pay in lieu of notice

If you have been employed continuously for three months, your employer must give you written notice of your termination. The amount of time depends on the length of your employment. For instance, if you have been working somewhere for less than a year, your employer must give you a one-week notice; if you have worked there for between five and six years, you should receive notice five weeks before the termination date.

Employers who do not provide written notice must provide termination pay in lieu of notice. The amount of pay equals the regular wages you would have earned during the period you should have received written notice.

These are general guidelines. There are exceptional circumstances and rules that apply if you have an employment contract or if you were temporarily laid off, which changes termination options and protocol. To better understand your situation, you can talk to a lawyer.

Reasons for dismissal

An employer can dismiss employees for any number of reasons. Typically, they do not need to give a reason.

However, the Employment Standards Act dictates that employers cannot dismiss workers for exercising their rights under the ESA, which also protects workers from being terminated for discriminatory reasons.

On the other hand, your employer could let you go for engaging in wilful misconduct or neglect of duty. If this is the reason for your dismissal, you would not be entitled to the same notice and pay other employees must receive.

If you have been let go from your job and feel that you did not get proper notice or termination pay, you could have grounds for a legal claim against your former employer. Pursuing legal action can make it possible to collect financial damages you may deserve.

Experiencing a disabling injury or illness can turn a person’s life upside down. Relationships can change; a person may require assistance in caring for themselves; everyday tasks like driving or going to work can become impossible.

Under these circumstances, finding a sense of stability and normalcy can be a welcome experience. For some, returning to work is one way to accomplish this. However, there are some important things to know about returning to work if you currently receive disability benefits.

Keeping your benefits

You could still collect disability benefits and work. However, the payments will likely be affected, depending on how much you work and how much you earn.

If you receive Canada Pension Plan benefits, you can collect up to $5,800 without losing your benefits. However, if you earn more than that or if you can work on a regular basis, you may stop receiving payments.

One detail that could give you some reassurance is that if you decide to go back to work but become unable to continue because of your disability within two years, you do not have to start the application process over. You can request automatic reinstatement.

It is also worth noting that you can do volunteer work or go back to school without affecting your benefits.

Protecting yourself and your benefits

Note that returning to work in any capacity can trigger a reassessment. As part of the reassessment, CPP can ask you for updated medical information and details about your work. Depending on their examination, the CPP could decide that you no longer fit the criteria for collecting benefits.

Because of this, it is crucial that you talk to your doctor and possibly consult a lawyer before making employment-related decisions while you collect CPP. You want to have an accurate picture of your capabilities as well as a clear understanding of the impact your working may have on your benefits.

Disability benefits, whether they come from CPP or long-term disability insurance, are critical to recipients and their families. As such, you will want to be cautious about actions that could reduce or terminate them.

The answer to this question is complex. The reason is because the officials who evaluate unemployment claims need to investigate the nature of the dismissal. If the findings reveal that you are at fault, then it’s possible you may not receive employment insurance benefits.

So how does the government figure out if you are entitled to receive unemployment benefits?

As outlined on the Government of Canada website, it can be an arduous process. First, an agent assigned to your employment insurance claim will review the details of your dismissal. The agent may contact you for further details about the dismissal from your point of view, but may also require an interview with your former employer as well as other related parties in order to properly assess your claim.

In the end, there are a number of reasons why an employer could have decided to let you with “with cause” and there are a number of reasons why it’s possible the dismissal, while justified, could have occurred (for example, maybe you were unaware of a certain policy or procedure).

If the final outcome results in justification for a “with cause” dismissal, you will likely not receive regular employment benefits. However, you may still qualify for other benefits, such as maternity or compassionate care. In order to receive employment insurance benefits, you will need to have worked for the required number of employable “insured hours”.

If you have been dismissed by your employer with cause, it’s best advised that you consult with an experienced employment lawyer. He or she can evaluate your case and advise you on what your options if your wish to take legal action or what type of compensation you can pursue.